Ministry of Transport of the Republic of Kazakhstan JSC National Company "KazAvtoZhol" TRANSPORT RESILIENCE AND CONNECTIVITY ENHANCEMENT PROJECT (P500565) Labor Management Procedures (Draft) Astana July 2024 2 TRANSPORT RESILIENCE AND CONNECTIVITY ENHACEMENT PROJECT ZHEZGAZGAN-KARAGANDY HIGHWAY ROAD REHABILITATION OVERVIEW OF LABOR USE ON THE PROJECT .......................................................................................... 4 CHARACTERISTICS OF PROJECT WORKERS.............................................................................................. 4 ASSESSMENT OF KEY POTENTIAL LABOR RISKS ...................................................................................... 8 BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS ................................................. 40 BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY .............................. 57 RESPONSIBLE STAFF ............................................................................................................................. 61 HIRING STRATEGY ................................................................................................................................ 75 POLICIES AND PROCEDURES ................................................................................................................. 76 MINIMUM AGE..................................................................................................................................... 81 TERMS AND CONDITIONS OF EMPLOYMENT ........................................................................................ 82 GRIEVANCE MECHANISM ..................................................................................................................... 83 CONTRACTOR MANAGEMENT .............................................................................................................. 89 Annex 1 .............................................................................................................................................. 93 Annex 2 .............................................................................................................................................. 95 3 TERMS AND ABBREVIATION CoR Committee of Roads CSC Construction Supervision Consultant Dangerous Working conditions where the impact of certain production or working conditions irremovable natural factors leads in case of non-observance of the rules of labor protection to occupational injuries, sudden deterioration of health or poisoning of the employee resulting in temporary of permanent disability, occupational disease of death. EHSGs Environmental Health and Safety Guidelines ESMP Environmental and Social Management Plan ESS Environmental and Social Standard GBV Gender-based violence GBV/SEA/SH Gender‐based Violence, Sexual Exploitation and Abuse and Sexual Harassment GIIP Good International Industry Practice GRM Grievance redress mechanism GRC Grievance Redress Committee HIV/AIDS Human immunodeficiency virus/ acquired immunodeficiency syndrome Heavy work Activities of an employee associated with the constant movement, relocation and carrying by hand (ten kilograms and more) of weights and requiring great physical effort (energy consumption more than 250 kcal/h). Harmful working Working conditions that are characterized by the presence of conditions harmful production factors. Harmful It is a factor, the impact of which on the employee can lead to production factor illness or disability and/or negative impact on the health of the generation. High Risk Activities where the use or failure of the Services would Activities reasonably be expected to result in death, serious personal injury, or severe environmental or property damage. HIRA Hazard Identification and Risk Assessment IFC International Finance Corporation ILO International Labor Organization LMP Labor Management Procedures MSDS Material Safety Data Sheet MENR Ministry of Ecology and Natural Resources of Kazakhstan OHS Occupational Health and Safety PIU Project Implementation Unit PPE Personal protective equipment and clothing PMT Project Management Team KAZh KazAvtoZhol RoK Republic of Kazakhstan RMD Road Maintenance Department SOPs Standard operating procedures WB EHSGs World Bank Group Environmental Health and Safety Guidelines 4 OVERVIEW OF LABOR USE ON THE PROJECT The Labor Management Plan Procedures (LMP) for the Transport Resilience and Connectivity Enhancement Project (TRACE) Zhezkazgan-Karagandy highway road rehabilitation, identifies and addresses key risks associated with labor-related aspects and outlines strategies to mitigate and manage these risks. By adopting a proactive approach, the LMP serves as a valuable tool for project managers and stakeholders to navigate the complex landscape of labor management, including local skilled and non-skilled workers. It aims to facilitate the smooth and efficient implementation of the project. The LMP provides a detailed description of the key national laws and regulations, as well as the objectives of the World Bank’s Environmental and Social Framework (ESF), the specific objectives of Environmental and Social Standard (ESS) 2 on Labor and Working Conditions (ESS2) that are applicable to the project, and the relevant provisions under these regulations. This includes details on employment practices, safety standards, and any other regulatory requirements that directly influence the workforce. In the event that the requirements of the ESSs exceed those of the Republic of Kazakhstan RoK Regulations and Legislation, the more stringent of the two shall be applied, provided that they do not contravene the local Law. The Contractor shall specify the terms and conditions of employment in accordance with the RoK Labor Code. These shall include, but not be limited to, the following: specific wages, hours, and other provisions that apply to the project; the maximum number of hours that can be worked on the project; and any collective agreements that apply to the project. Where relevant, the document provides a list of agreements and describes the key features and provisions as well as some other specific terms and conditions. The principal objective of this document is to provide a comprehensive analysis and legal provisions and procedure when hiring underage workers, the issues pertaining to forced labor, labor influx, gender-based violence (GBV), with a particular focus on sexual exploitation/harassment and abuse (SEA/SH) and trafficking, and occupational health and safety (OHS),. The Project will generally, prohibit the recruitment of children and practices of forced labor. It will primarily follow the national legislations, specifically the Labor Code, Article 4 which sets out the principles of labor legislation of the RoK, as well as the relevant provisions under the World Bank's ESS2. Furthermore, it will arrange for awareness- raising activities and periodic monitoring to ensure that the standards set out in this procedure are followed. CHARACTERISTICS OF PROJECT WORKERS The LMP applies to project workers including full-time, part-time, temporary, foreign workers etc. "Kyzylorda-Pavlodar-Uspenka-Border of RF" section "Zhezkazgan-Karagandy" km 433- 946 with a total length of 513 km. Planned 5 Lots: 4 of them with length approx. 100 km, and one of Lots 63 km. 5 The estimated quantity of project employees is based on the experience gained from other road construction projects in Kazakhstan. It is estimated that the project will attract 2000 employees during the peak construction period, depending on the scope of work and according to the work plans. During periods of winter downtime, this number will be reduced due to a reduction in the amount of work due to weather conditions to 450-500 personnel required to ensure winter maintenance of roads in both regions. The LMP complies with the WB ESS2 to this project, are in the following category: Direct workers: people employed or engaged directly by the Borrower to work specifically in relation to the project. These workers will be independent consultants hired specifically to work in relation to the project and be integrated into the project implementation unit (PIU) which is yet to be established housed by the Borrower (MoT) and its Committee of Roads (CoR). The precise number of personnel required for the PIU, along with their qualifications, experience and competencies, is yet to be determined. Similarly, the specific job positions and responsibilities of these personnel are yet to be defined. However, it is anticipated that the personnel will be divided into the following categories: project management, environmental and social specialists, financial specialists, procurement specialists, administrative services, etc. In the event that government civil servants are engaged in the project, on a full-time or part-time basis, they will remain subject to the term and conditions of their existing public sector employment agreement or arrangement, unless there has been an effective legal transfer of their employment or engagement to the project. Such transfer will be conducted in accordance with all legal requirements and transferred workers will be subject to all requirements of this LMP. ESS2 will not apply to such government civil servants, except for the provisions of paragraphs 17 to 20 (Protecting the Work Force) and paragraphs 24 to 30 (Occupational Health and Safety). Contracted and workers hired by sub-contractor, as appropriate: people employed or engaged by third parties to perform work related to core of the project, regardless of location. The composition of supervision engineers to be determined. Contract workers: it is planned that the project will engage around 1,000 – 1,100 qualified drivers and operators for the Contractor's special equipment (approximately 200-230 people for 100 km Lot). A contract will be concluded with these persons through a company with which an outsourcing agreement will be drawn up. However, the Contractor will continuously monitor the employer's compliance with labor standards and obligations through observation, questioning, inspections of working and rest conditions, safety issues and the implementation of guarantee measures as specified in the labor legislation of the RoK. The project will make arrangements for the engagement of expatriate labor and for the housing, health, welfare and repatriation of the same. Based on the requirement in every component the Contractors will hire contracted workers based on their level of skills and project needs. If agreed with the Project Management Team, sub-contracts of the work could be given. Sub-contractors recruited may supply laborers as per the agreed terms and conditions. 6 It is the responsibility of the Contractor to maintain accurate records of the time worked by each employee engaged on the project, regardless of the employee’s method of payment (hourly or salary), the class of work in which they are employed and the wages paid. The project will also maintain proper records for each employee engaged, their gender, the categories of employment in which employed, whether as a casual or permanent employee, and the wages (and allowances if any), paid in accordance with RoK regulations. These records shall be made available at any time for inspection by authorized lender representative or authorized representative of the government. The Contractor will produce, if required, other records that may be necessary to provide evidence of their compliance with the requirements of this paragraph. Timing of labor requirements: Contracted workers are eligible to work for a contract period fixed by the Project Implementation Team, and then recruited by the Contractor. Their contracts will be renewed, if required, based on satisfactory services. Each road section may require 40 months to complete, followed by 3-4 years of maintenance period under the project. Primary supply workers: worker employed or engaged by a primary supplier, providing goods and materials to the project, over whom a primary supplier exercises control for the work, working conditions, and treatment of the person. Primary suppliers are those suppliers who, on an ongoing basis, provide directly to the project goods or materials essential for the core functions of the project. The environmental and social impact (ESIA) assessment will also consider risks and impacts associated with the primary suppliers as required by ESS2 and ESS6. The Borrower will address such risks and impacts in a manner proportionate to the Borrower’s control or influence over its primary suppliers as set out in ESS2 and ESS6. The project should be in line with the following steps: - The PIU shall identify potential risks of child labor, forced labor, and serious safety issues which may arise in relation to primary suppliers. The environmental and social assessment identifies, to the extent possible, the types of goods and materials to be obtained from primary suppliers. The supply may be local in nature or come from other parts of the country or from outside the country. Where potential child labor, forced labor, and serious safety risks are identified or are prevalent or known to exist in a specific sector, industry, or region in connection with the supply of such goods and materials, a mapping exercise should be conducted to identify possible suppliers and the extent to which they may present such risks. - Where it is not possible to identify specific primary suppliers, the assessment should consider general industry labor issues and risks associated with the supply of such goods and materials. It is also useful to periodically update the assessment of potential risks that may arise with respect to the project's primary suppliers during project implementation. Tracking supplier s’ performance will help to determine whether procedures and mitigation measures are being implemented appropriately, and provide feedback on performance and any new areas of risk. 7 - Where appropriate, specific requirements on child labor, forced labor, and work safety issues are included in all purchasing orders and contracts with suppliers. - Where there is a significant risk of child labor or forced labor in relation to primary suppliers, the PIU will require the primary supplier to identify such risks. - The LMP defines roles and responsibilities for monitoring primary suppliers. Where cases of child or forced labor are identified, the project will require the primary supplier to take appropriate steps to remedy the situation. Where such options are not feasible (i.e., suppliers are unwilling or do not demonstrate commitment), the project will seek alternative suppliers. Based on the requirement in some components of the civil works, primary supply workers will be recruited by the suppliers as required. It will be ensured (and monitored periodically by the PIU) that no children under the minimum age established in the LMP are recruited as workers. Furthermore, it will be ensured that workers are not subject to ‘forced labor’ in any manner. The LMP establishes clear polices against forced labor that needs to be established by each contractor, proper training for Managers and employees to be conducted on recognizing and preventing forced labor, the regular audits to be conducted to ensure compliance with anti-forced labor polices, the documentation of workers to be verified to ensure they are not victims of human trafficking during hiring and regular audits. Registered suppliers are subject to regular review. The review is carried out twice annually and requires PIU representative to visit the supplier’s premises. The Project Implementation Unit will be responsible to make sure that these standards are followed strictly. Continuous monitoring of working conditions to detect any signs of forced labor to be carried out by PIU. If any deviation is identified the PIU will take action as prescribed in the contract/ agreement following the LMP. In addition to regular monitoring, an industry-specific risk assessment shall be performed as part of the ESIA and/or sub-project ESIA assessment and in order to understand whether there are risks of child and forced labor. Foreign Workers: Contractor shall ensure required assistance, for obtaining the work permit in accordance with RoK Legislation (Labor Code, Article 26, Prohibitions and restrictions for conclusion of employment contract and employment), shall ensure access to the required information, training, workers’ grievance redress mechanism (GRM), etc., as well as provide language assistance, if required. Contracts/Agreements will be concluded with foreign specialists, taking into account the legal framework and migration policy of the Republic of Kazakhstan. The Contractor could have options to hire through their internal HR department and/or through intermediate agencies with legal permits in Kazakhstan. The contractors shall be responsible for the work permits as well as repatriation of these workers following employment termination (both voluntarily and involuntarily) and/or other circumstances. Timing of labor requirements: Foreign workers, hired by the contractor and subcontractors, are eligible to work for a contract period based on their manning plans. Their contracts will be renewed/extended, if required, based on satisfactory services and the civil works needs. 8 ASSESSMENT OF KEY POTENTIAL LABOR RISKS Risk and Impact Mitigation The risks listed below in Table 1 are common to similar projects. They may or may not occur in this project. However, these measures should be in place should any of the risks listed occur. During consultations with people in the project villages, the social team asked people and key informants about the influx of foreign and other regional workers, and people did not see it as a risk, but as an opportunity to earn some money by selling home- made products. The table below presents a summary of the potential risks and impacts related to labor and working conditions, together with mitigation measures to avoid, eliminate or reduce associated impacts. It also describes the monitoring required to assess the performance of these measures. The frequency of monitoring is determined by the project owner (KAZh) to be followed by contractors and supervisors and shall be adjusted depending on the Contractor’s capacity. This should be consistent with the Environmental and Social Management Plan (ESMP). Table 1: Key Labor Risks 9 Sub-Category Worker Project Impacts/ Mitigation Measures Monitoring Monitoring Responsibility Impacts/ Risks Frequency Risks (shall be adjusted during different stages of the project) Direct Workers Recruitment and Perception of Community tensions Project Human Resources policy and/or Assessment Monthly selection i.e., how unfair – stop work practices procedure that covers recruitment and KAZh workers join the recruitment and that affect selection processes including at least: Road Project. selection productivity.  Selection criteria of each position; practices.  Method of recruitment;  Places of recruitment;  Transparency clauses;  Use of District Labor procedures. National content strategy that is Verify Monthly KAZh transparent, well communicated and implemented to:  Maximize work opportunities for local citizens and recruit in accordance with the geographic priorities determined by the Labor officer; and  Enhance local employees’ (men and women) skills base through training and development programs.  Women to be given equal chance as men to be hired at suitable positions. Recruitment of Increased health and Human Resources and contracting Verify Monthly KAZh individuals who, safety risk to policies and/or procedures that cover by virtue of age, workforce, potential recruitment and selection processes that would be non-compliance with specifically address issues associated exposed to national labor laws, with child labor. hazardous and reputational risk situations and to Project. be subject to 10 impaired social development. Conditions of Perceptions that Industrial action- Human Resources policy and/or Verify Monthly KAZh employment – what wages, salaries work stoppages, procedure that describes at least the people and benefits are absenteeism, sit-ins, following: KAZh earn\benefits. poor or that sabotage.  Contract arrangements and content; foreigners are  Equal pay for equal work; treated better  How wage surveys will be and receive conducted to assess local better conditions conditions and industry averages; of employment. and  Process for pay increases. An effective employee complaints/ Assessment Monthly grievance process. Sexual harassment Gender A wide range of Straighten application of codes of Verify Monthly KAZh and sexual inequality often impacts on conduct, SEA/SH awareness raising exploitation and due to prevailing employees, such as targeted to workers, community level abuse (SH/SEA) norms between a mental health, grievance redress mechanism and male and female productivity, trust, consultations. workers, as well career, company as job hierarchy reputation as well as resulting in financial power consequences, dynamics. including loss of Income labor. generating opportunities brough by the project in the local community may put poor 11 people in a position of vulnerability such as exploitative transactional relationship. Labor relations– Different Conflict arises Cultural awareness programs during Verify Monthly KAZh cultural diversity. cultures meeting between different induction and ‘lunch and learns’. in the workplace cultures or tribes – feelings of resulting in tension, Supervisors to undergo compulsory distrust and which could lead to cultural awareness training. suspicion of violence and work A code of conduct to cover: other cultural stoppages; and  Respect for different cultures groups. Foreign workers feel  Acknowledgement of cultural Perception that threatened and differences in respect to diet, one’s culture is leave, resulting in religious ceremonies and so forth not respected or skills gap  Non-discrimination and equal valued. opportunity  Harassment, types, and consequences  Community “do’s and don’ts”. Labor relations– Workers feel Workers embark on Human Resources policy and/or Assessment Monthly KAZh conflict handling. aggrieved and various forms of procedure that contains at least: don’t know how industrial action.  A worker grievance procedure; to vent their They take matters  A disciplinary procedure; grievances. into their own hands,  Workplace rules and regulations; Workers are not which results in  A demobilization procedure; and sure of the rules violence and conflict  Industrial action handling protocols. and regulations that affects of the workplace harmony. Workers to be informed of these Contractor. procedures during induction training. Supervisors will be required to complete training on all these procedures. Female grievance officers (‘confidants’) are made available to female members of the workforce. 12 Metrics with leading and lagging indicators to be kept in order to highlight labor relations areas in need of remedial action. Labor relations– Workers are not Industrial action due Effective communication and Assessment Monthly KAZh worker informed of to rumors or incorrect engagement mechanisms including at engagement activities or perceptions. least the following: mechanisms. events that Poor morale and an  Worker committees affect them: unproductive  Regular written communications  Workers are workforce that go to all workers describing unable to relevant operations activities communicate  Use of notice boards collective  Use of toolbox talks issues that  Ongoing supervisor-led bother them; communications and Workers have the right to form or join a  Rumors\ workers’ organization such as a union. misinformation In line with the Article 3 of Law of the spreads that Republic of Kazakhstan of June 27, concerns 2014, No. 211-V ZRC. workers. Project  Loss of work  Increase in Comprehensive retrenchment procedure Assessment Monthly KAZh retrenchment and lawlessness of and strategy, which includes: effects on associated communities  Timing and number of workers to be production resentment posing security retrenched – a staggered approach. activities. During towards the threats for  A communications strategy to the temporary road project. operations. minimize misinformation and closure during the  Increased  Decrease in rumors. winter period and unemploymen morale of  Alignment with community following project t. existing workers, development activities. completion.  Community leading to loss of  Complaints/grievance process to and productivity. facilitate employee and contractor household-  Blockades and dispute resolution relating to level disruption to retrenchment. adjustments supply lines.  Personal viability training from cash-  Damage to  Engagement and consultation of based to Project assets relevant stakeholders, including subsistence- families of retrenched workers. 13 based resulting from  Consistent application of livelihoods for retribution. retrenchment packages to minimize many the risk of inequitable treatment. demobilized workers.  Family and community impacts generated through loss of work by community/fa mily members. Currently employed workers for road maintenance Loss of work Strike, intentional All existing workers for the period of the Once KAZh of currently harm to project road reconstruction will be temporary Documented employed by employees and involved for activities of other Road evidence on Road property Maintenance Departments within the temporary Maintenance region or oblast: assignment Department  RMD-42, Topar village, Karaganda to be (RMD) , about region, provided 40-50 workers  RMD – 44 Zhezkazgan, for who provides Zhezkazgan-Esil-Petropavlovsk maintenance road section, and RMD-43 Zhana- of existing Arka, Zhairem-Karazhal-Atasu road road and section. about 10 pieces of equipment. Contractors and Contract Workers Labor and working Perception of Workers embark on  Operationalization of human Assessment Monthly Contractor, to be conditions– unfair various forms of resources management manual verified by CSCs contract workers. recruitment and industrial action. which must include gender matters; (construction selection They take matters  Effective communication and supervision practices into their own hands, engagement mechanisms; Consultants) including male which results in  Gender issues/concerns at the female ratio. violence and conflict project level that affects project 14 implementation and scheduling. Foreign workers. Perceptions  that Company reputation Where a contractor uses agencies to Verify Monthly Contractor, to be National workers presence of would be affected recruit foreign\local workers, the verified by CSCs foreign workers with implications of contractor ensures that these agencies may undermine unfair labor are reputable and legitimate. opportunities for practices. Contract Complete transparency on all fees paid local people. workers could be to the agencies to be required by the Foreign workers dissatisfied as they contractor and subject to approval by are contracted believe they are Contractor. through being unfairly The contractor should aim to contract Verify Monthly Contractor, to be agencies that employed, resulting directly with their workers and not use verified by CSCs are not in industrial action third party agencies. This means that reputable. and\or low workers will be paid by the contractor Perceptions by productivity. directly and not through an agency. local workers However, where this is not possible, the that wages, contractor is to inform Resident salaries and Engineer in writing of the deviation and benefits are the reasons for this and provide poor and that evidence that agencies have been foreigners are approved as applicable. treated better The contractor ensures that all workers Verify On monthly basis Contractor, to be and receive have written contracts of employment verified by CSCs better conditions signed by both parties that cover all the of employment. terms and conditions of employment. Foreign workers Each party to the contract shall have an need time to original copy. Contracts will be drafted in adapt to the the relevant language and the contractor unfamiliar will ensure that the worker understands surroundings, the terms and conditions of employment. working culture, local laws and regulations, and other national and local requirements. 15 Foreign and The contractor is to provide Contracts of Verify Monthly Contractor, to be national workers Employment with terms and conditions, verified by CSCs as a minimum, complying with RoK legislation. The terms and conditions should be equal to, or better than, similar work in similar projects in the country. Foreign and Language and Risk: Foreign  Provide language training or Verify Monthly Contractor, to be national workers Communication workers may have interpreters to facilitate verified by CSCs Barriers: limited proficiency in communication between foreign the local language, workers and supervisors. leading to  Use visual aids, symbols, and understanding and standardized safety signs to convey communication important information. breakdowns.  Encourage open communication National workers and create a supportive work may not be able to environment where workers feel communicate comfortable asking questions and properly with the seeking clarification. foreign workers and  Conduct cultural sensitivity training Cultural it may result in to raise awareness of cultural Differences and misunderstandings differences and foster mutual Work Practices and tension. understanding among workers. Risk: Cultural  Adapt safety training materials and differences in work procedures to align with the cultural practices, attitudes norms and preferences of foreign towards safety, and workers. hierarchy may impact  Encourage teamwork and the effectiveness of collaboration among workers from safety protocols different cultural backgrounds to promote a shared commitment to safety. Always include national workers in such trainings.  Provide comprehensive orientation Risk: Foreign and training on local health and workers may be safety regulations, including rights unfamiliar with local and responsibilities under labor health and safety laws. 16 Legal and regulations,  Assign dedicated safety officers or Regulatory increasing the risk of supervisors to oversee compliance Compliance: non-compliance. and provide guidance to foreign National workers workers. needs to be included  Establish clear reporting in this training as mechanisms for safety concerns or well. violations and ensure workers understand their rights to report hazards or unsafe conditions.  Provide comprehensive training Foreign workers may programs tailored to the needs of lack specific foreign and national workers, Improper OHS knowledge, skills or covering equipment operation, practices familiarity with OHS hazard recognition, and emergency and other RoK procedures. standards and  Offer mentorship and on-the-job requirements. training to help foreign and national workers gain practical experience and confidence in their roles.  Regularly assess the competency of foreign workers and provide additional training or support as needed to address any gaps.  Proper training for workers on national standards and requirements. Risk: Foreign workers may face Access to challenges accessing  Establish partnerships with local Support support services, service providers to ensure foreign Services: such as healthcare, workers have access to healthcare counseling, or legal facilities, counseling services, and assistance. legal assistance if needed. 17  Provide information and resources in multiple languages to help foreign workers navigate support services effectively.  Designate a liaison or point of contact to assist foreign workers with accessing support services and addressing any issues or concerns.  Ensure availability of translator(s), when required. Accommodation Worker Accommodation Workers have low Build camps to the camp specifications Verify Monthly Contractor, to be accommodation is considered morale and perceive for production accommodation (In verified by CSCs building sub-standard to do not care about accordance with the Order of the specifications which leads to their welfare, which Ministry of Public Health of Republic of (camps). discontent in turn affects Kazakhstan dd July 26, 2022 # KP amongst the motivation and ДСМ-67). In addition, the benchmarks of residents and productivity. the IFC Guidance Notes on “Workers’ concerns about accommodation: processes and perceived health standards”, will be followed. In the event risks as well as of new construction, the following public health Construction phase plans will be applied risks. as necessary:  Minimum Health Requirements for Project Execution;  Minimum health requirements for women-employees, including a female nurse in the camp;  Minimum Camp Specifications for Operations Accommodation including separate sanitation/hygiene spaces for women’s;  Contractor’s Occupational Health and Safety Plan including women’s health;  Emergency Response Plan  Security Management Plan. 18 Camp management Residents do Conflict escalates. If a contractor is used to manage camps, Verify Monthly Contractor, to be practices. not live in they must have a proven track record. verified by CSCs harmony and Implement an induction program to be the potential for attended by all residents that covers at conflict rises. least the following: Residents do  Camp rules and regulations; not know how to  Code of conduct complain or  Camp grievance mechanism; make a  Camp disciplinary procedure; grievance.  Complaints system for food, dining, housekeeping and maintenance;  Camp committee system;  Community relations cultural awareness; and  Health, safety and security. Keep committee minutes, records of all training conducted, complaints, grievances and breaches of discipline. Use this information to track trends and for remedial action purposes. Implement a mechanism for dialogue with camp residents on key issues such as food, dining, housekeeping, recreational activities and camp rules and regulations. Undertake room allocations in an open and transparent manner using only employment seniority as a criterion. Keep separate but equal male and female accommodation. Implement appropriate levels of safety and security practices and ensure that only residents are allowed in the accommodation – as well as day 19 workers such as cleaning and maintenance staff. Strict ingress and egress control is required to ensure the security of the residents, particularly women. Procure camp supplies according to the operations procurement and supply chain management practices. Do not procure from vendors if it may lead to higher prices for local communities or encourage in-migration into the area. Food and dining Food is not  Workers embark Provide food that will ensure a balanced Verify Monthly Contractor, to be culturally on industrial diet, is culturally appropriate and has verified by CSCs appropriate. action. been approved by a qualified nutritionist.  Queues are  Potential Provide safe, potable water at all work long. incidents in the sites, accommodation, and dining and  The dining dining halls which recreation areas. experience is could escalate to Provide the opportunity for feedback on a frustrating violence. food and dining by a comments or one leading  Morale is low complaints system that is easy for to incidents in which leads to residents to use, as well as via regular the dining hall poor productivity. meetings with worker nominated between representatives. Complaints must be workers and trended and tracked for remedial action. kitchen staff Ensure that dining halls have adequate (shortage of seating, condiments, cutlery and food, sanitary crockery, serving areas and catering situation, staff so that the dining experience is an etc). efficient and pleasant one. Dining times to be communicated to all residents and to fit in with work requirements. Ensure that kitchen staff comply with all RoK Public Health Act and related health regulations. Meet all the health, hygiene and food safety requirements described in the 20 Minimum Health Specification Guidelines. Maintenance Equipment Worker health, safety  Provide an efficient system for routine Verify Monthly Contractor, to be breaks down and general welfare and preventive maintenance. verified by CSCs affecting are affected, which in  Ensure that there are enough spare accommodation turn could affect the parts available for all critical standards. motivation and equipment. productivity of workers. Housekeeping The general The overall camp  Ensure that camp grounds and Verify Monthly Contractor, to be appearance of experience is common areas are routinely cleaned verified by CSCs the camp compromised which and organized with appropriate deteriorates in turn leaves signage in place, and that grounds are making camp workers demoralized maintained (e.g., grassed areas are life unpleasant. and unproductive. regularly mown).  Establish easily accessible, designated smoking areas which are clearly highlighted and regularly cleaned. Recreation Workers spend Tensions arise from  Provide appropriate recreational Assessment Monthly Contractor, to be most of their the local facilities and activities. These should verified by CSCs time in the communities as be discussed with the camp residents’ camps and workers impact their committee; and could become activities in search of  Ensure that equipment and facilities disenchanted recreation. An are kept clean and well maintained. and bored. They increase in alcohol may want to consumption and leave the camps demand for sex work and go into the could result due to local towns and the influx of workers villages in into local search of communities. recreation. Spiritual /Religion Workers will Tensions arise from Provide appropriate places of worship Assessment Monthly Contractor, to be want access to the local where residents express a need for this verified by CSCs places of communities as in accordance with cultural sensitivities, 21 worship for their workers impact their and assess transport arrangements on a chosen religion. activities. case-by-case basis to such areas. They may leave the camps and go into the local towns and villages in search of an appropriate place of worship. Security Inconsistent and Insufficient training Ensure that camp security personnel Assessment Monthly Contractor, to be aggressive and control of meet at least the following requirements: verified by CSCs behavior of security personnel  Have not been implicated in past security can lead to the abuses personnel inappropriate use of  Are trained in appropriate conduct towards workers force, while towards workers and community can result in protecting Project members including: tensions and workers and assets,  Exercising constraint and caution conflict in the or inappropriate and understand how force may be workplace and a behavior towards used; perception of local populations,  Respecting human rights; human rights resulting in human  Behaving consistently; abuses. rights claims.  Knowing and abiding by applicable laws; and  Fostering good community relations through their interaction and behavior towards the workforce and communities. Community Communities Workers are stopped  Implement control measures to Assessment Monthly Contractor, to be relations. are negatively from going to work, avoid and minimize the impacts of verified by CSCs impacted by which affects camp and living conditions on the camp activities: productivity. project communities; noise, waste,  Limit foreign/regional workers’ traffic, lighting . interaction with communities and gender-based provide cultural sensitivity violence, and awareness training to facilitate the like. This 22 may result in appropriate interaction with negative actions communities. towards camp  Give clear information to the operations such contractor’s workers (foreign and as road closures regional) on the interaction with the and the local communities, especially prevention of females; workers or  Trainings on the relations with the suppliers from local communities to be provided to entering the all workers; worksite. Family  Establish a project level GRM which problems due to is female friendly, so women can the GBV lodge their concerns, grievances towards women and give opinion/suggestions working at the without fear, coercion or retribution. project;  Each project-level GRC should have at least one female member, so women feel comfortable to talk about their grievances.   23 OHS Key Labor Risks: Construction phase Hazard Identification and Risk Assessment shall be conducted by the Contractor when preparing C-ESMP on OHS management plan. Risk can be defined as an event of known uncertainty and this uncertainty is measured in terms of its probability of occurrence. Regularly review and update the risk assessment based on feedback from workers, incidents investigations and changes in site conditions to ensure ongoing safety during road construction activities. The first step in the risk management process is to identify the hazards associated with construction work. Examples of hazards include, but not limited to: - Physical Hazards: - Working around Mobile equipment - Noise - Illumination - Rotating and Moving Equipment - Vibration - Electrical - Welding / Hot Work - Industrial Vehicle Driving and Site Traffic - Working Environment Temperature - Ergonomics, Repetitive Motion, Manual Handling - Working at Heights - Traffic accidents (including accidents with construction machineries and accidents with livestock) - Collapse of trenches - Confined space entry - Falling objects, for example tools, debris and equipment - Lifting and Rigging activities Chemical Hazards - Fire and Explosions - Chemical burns and intoxication - Soil Contamination - Non-qualified employees/Short-term employees The HIRA shall be conducted by the Contractor to control Hazards. The following provides a guideline for the selected contractor(s) when conducting an OHS risk assessment prior to the start of the construction works, which shall be revisited on a periodic basis by their respective OHS coordinator. There are three steps used to manage health and safety at work: - Hazard Identification - Assess the Risk (Risk Assessment) - Make the Changes (Risk Control) 24 Hazard Identification: A hazard is anything that has potential to cause harm. Examples of workplace hazards include: - Frayed electrical cords (could result in electrical shock); - Noisy machinery (could result in damage to your hearing). Assess the Risk: Assessing the risk means working out how likely it is that a hazard will harm someone and how serious the harm could be. For example: - Ensure proper instructions and training before using equipment; - Ask for help moving or lifting heavy objects; - Do not start the job if you think a work practice could be dangerous. Control the Risk: The best way to fix a hazard is to get rid of it altogether. The Contractor should try to make hazards less dangerous by looking at the following options (in order from most effective to least effective): Elimination – Sometimes hazards – equipment, substances or work practices – can be avoided entirely. (e.g. Do the job from the ground and then lift, rather than by climbing a ladder and risking a fall.) Substitution – Sometimes a less hazardous thing, substance or work practice can be used. Isolation – Separate the hazard from people, by marking the hazardous area, fitting screens or putting up safety barriers. (e.g. Welding screens can be used to isolate welding operations from other workers. Barriers and/or boundary lines can be used to separate areas where forklifts operate near pedestrians in the workplace.) Safeguards – Safeguards can be added by modifying tools or equipment, or fitting guards to machinery. These must never be removed or disabled by workers using the equipment. Instructing workers in the safest way to do something – This means developing and enforcing safe work procedures. Students on work experience must be given information and instruction and must follow agreed procedures to ensure their safety. Using personal protective equipment and clothing (PPE) – If risks remain after the options have been tried, it may be necessary to use equipment such as safety glasses, gloves, helmets and ear muffs. PPE can protect from hazards associated with jobs such as handling chemicals or working in a noisy environment. Sometimes, it will require more than one of the risk control measures above to effectively reduce exposure to hazards. Hazard Severity Rating Severity Description Rating Numerous fatalities, irretrievable property damage Catastrophic 5 and productivity Approximately one single fatality or major property Fatal 4 damage if hazard is realized Serious Non-fatal injury, permanent disability 3 Minor Disabling however permanent injury 2 Negligible Minor abrasions, bruises, cut, first aid type injury 1 25 Hazard Likelihood rating Likelihood Description Rating Almost The presumably result of the hazard/event being realized 5 certain Likely Has a good probability of occurring and is not unusual 4 Possible Might occur at some time in future 3 Unlikely Has not been identified to occur after several years 2 Rare Is practically not possible and has never occurred 1 Table 2: Risk Classification. Based on Likelihood/Controls Rating x Severity Rating shall be used for Risk Assessment . The definition of risk level and acceptance criteria is given below: Risk Level Category Acceptability on necessary action and timescale 1–3 Low No additional controls are required unless they can be Low Risk implemented at very low cost (in terms of time, money and efforts), actions to further reduce these risks are assigned low priority. Arrangements should be made to ensure that the controls are maintained 4–8 Medium Consideration should be given as to whether the risks can be lowered, but the costs of additional risk reduction measures should be taken into account. Moderate Risk The risk reduction measures should be implemented within a defined time period. Arrangement should be made to ensure that the controls are maintained, particularly if the risk levels are associated with extremely harmful consequences and very harmful consequences. 26 09 – 14 High Substantial efforts should be made to reduce the risk. Risk reduction measures should be implemented urgently within a defined time period and it might be necessary to consider suspending or restricting the activity, or to apply interim risk controls are maintained, controls. Arrangements should be made High Risk to ensure that the controls are maintained, particularly if the risk levels are associated with extremely harmful consequences and very harmful consequences. 15 – 25 Very high These risks are unacceptable. Substantial improvements in risk controls are necessary, so that the risk is reduced to an acceptable level. The work activity should be halted until risk controls are implemented that reduce the risk so that it is no longer very high. If it is not possible to reduce risk the work should remain prohibited Table 3: Hazard Identification and Risk Assessment (HIRA) 27 N Activity Hazard Risk Likelihood and Mitigation o Severity Level (shall be revised by Contractor at work site) 1 Mechanical Road Road Accident Injury Likelihood (L) – 3  Install indicative marks and signs at the Road Bypass entering construction Property Severity (S) -3 and exit points, near the transport junctions and pass ways for area Loss herded animals  Equip the planned bypass with regulating pedestrian pass-ways, where relevant,  Vehicle Speed (not more than 20 km/hr) will be maintained.  Speed breakers will be provided.  Drink/smoke and drive will be strictly prohibited.  Safety sign board will be provided. 2 Road Traffic accidents with Injury  Local environment: Assess whether the road construction area construction livestock Property L-4,S-3 is close to pastures or villages. area Loss  Animal behavior: Consider the behavior patterns of specific types of livestock in the area, such as grazing habits, movement patterns and tendencies to wander onto roads.  Traffic flow: Analyze the volume and speed of traffic passing through the construction zone, as well as any existing measures in place to control traffic (road signs, speed limits, etc.).  Fencing and Containment: Evaluate the effectiveness of existing fencing or containment measures for keeping livestock away from roads and construction zone (e.g., cattle race).  Warning signs and Signals: Ensure that appropriate warning signs, signals, or barriers are in place to alert drivers to presence of livestock and to slow down within construction zone.  Coordination with local Farmers/Akimats: Collaborate with local farmers and Akimats to understand their livestock management 28 practices and to develop strategies for minimizing the risk of accidents.  Emergency Response: Develop protocols for responding to accidents involving livestock, including procedures for safely containing animals, notifying owners, and coordinating with veterinary service if necessary.  Public and Contractor Awareness: Educate drivers about the potential presence of livestock near construction zones through awareness campaigns, signage and communication channels. WAME Workers may be stuck by Injury,  Establish designated pedestrian walkways (WAME Plan) (Working moving vehicles or Fatality L-3, S-3 separate them from equipment operating areas. Around equipment Property  Use barriers or cones to delineate safe pedestrian paths. Mobile Equipment) damage  Ensure all workers wear high-visibility clothing.  Implement traffic control measures, including flaggers (where applicable) or traffic signs. Visibility Issues:  Equip mobile equipment with audible backup alarms and Equipment operators may flashing lights or establish audio warning signal system have limited visibility,  Install proximity detection systems on mobile equipment to alert leading to the risk of collision with workers operators of nearby workers  Ensure equipment mirrors are properly adjusted to minimize blind spots  Assign spotters to assist equipment operators in maneuvering safely (where acceptable)  Use high-visibility markings and flags on equipment to enhance visibility  Train equipment operators on safe operating practices, including proper load handling and stability consideration Overturning or rollover:  Conduct regular equipment inspections to identify maintenance Mobile equipment may issues that could contribute to rollovers overturn or roll over, 29 posing a risk to nearby  Use equipment with rollover protection structures (ROPS) and workers seat belts  Monitor ground conditions and avoid operating on unstable or steep terrain Falling objects: Objects  Secure all tools, materials and equipment properly during may fall from mobile transportation equipment  Use debris nets or toe boards on elevated equipment to prevent objects falling Workers Training and  Provide comprehensive training to all workers on hazards Awareness: Lack of associated with mobile equipment and safe work practices awareness or training may  Conduct regular safety meetings to discuss specific risks and increase the risk of accidents involving mobile reinforce protocols equipment Emergency Response  Encourage workers to report near misses and safety concerns promptly  Ensure all workers are trained in ER procedures, including how to summon help and provide first aid  Maintain clear access routes for emergency vehicles Improper decreased visibility for Injury, L-4, S-3 Implementing proper lighting standards: illumination workers and drivers, fatality,  Location / Activity Light Intensity increased likelihood of property  Emergency light 10 lux accidents due to poor damage and Outdoor non working areas 20 lux visibility potential  Simple orientation and temporary visits (machine legal storage, garage, warehouse) 50 lux liabilities for Workspace with occasional visual tasks only the (corridors, stairways, lobby, elevator, auditorium, etc.) construction 100 lux company Medium precision work (simple assembly, rough 30 machine works, welding, packing, etc.) 200 lux Precision work (reading, moderately difficult assembly, sorting, checking, medium bench and machine works, etc.), offices. 500 lux High precision work (difficult assembly, sewing, color inspection, fine sorting etc.) 1,000 – 3,000 lux  regular inspections,  and corrective measures Noise Exceeding of permissible Hearing loss L2, S-2  Control and evaluate duration and intensity of noise and level for workers, compliance with noise regulations: disturbance  No employee should be exposed to a noise level greater than 85 of nearby dB(A) for a duration of more than 8 hours per day without hearing residents protection. In addition, no unprotected ear should be exposed to a peak sound pressure level (instantaneous) of more than 140 dB(C). · The use of hearing protection should be enforced actively when the equivalent sound level over 8 hours reaches 85 dB(A), the peak sound levels reach 140 dB(C), or the average maximum sound level reaches 110dB(A). Hearing protective devices provided should be capable of reducing sound levels at the ear to at least 85 dB(A). · Although hearing protection is preferred for any period of noise exposure in excess of 85 dB(A), an equivalent level of protection can be obtained, but less easily managed, by limiting the duration of noise exposure. For every 3 dB(A) increase in sound levels, the ‘allowed’ exposure period or duration should be reduced by 50 percent.65  · Prior to the issuance of hearing protective devices as the final control mechanism, use of acoustic insulating materials, isolation of the noise source, and other engineering controls should be investigated and implemented, where feasible 31  · Periodic medical hearing checks should be performed on workers exposed to high noise levels  Using quieter equipment, implementing noise barriers, scheduling noisy activities during off-peak hours  Provision of proper hearing protection PPE for workers Industrial vehicle speed, visibility, collisions, L-3, S-3  Traffic management plans, providing adequate signage and Vehicle training and competence pedestrian markings, establishing speed limits, and conducting regular Driving and of drivers, site layout, and accidents, safety training for drivers and workers. Site Traffic presence of pedestrians or other vehicles and damage  Regular monitoring and review of traffic patterns and incidents to property or can help identify areas for improvement and prevent accidents infrastructure  Training and licensing industrial vehicle operators in the safe operation of specialized vehicles such as forklifts, including safe loading/unloading, load limits · Ensuring drivers undergo medical surveillance · Ensuring moving equipment with restricted rear visibility is outfitted with audible back-up alarms · Establishing rights-of-way, site speed limits, vehicle inspection requirements, operating rules and procedures (e.g. prohibiting operation of forklifts with forks in down position), and control of traffic patterns or direction · Restricting the circulation of delivery and private vehicles to defined routes and areas, giving preference to ‘one- way’ circulation, where appropriate Ergonomics, frequency, duration, and musculo L-2, S-2  Rotation of tasks to minimize repetitive motions, providing training repetitive force of repetitive motions, skeletal on proper lifting and posture techniques, and encouraging regular motion ergonomics of disorders breaks and stretching exercises. Monitoring workers' health and workstations, and (MSDs), soliciting feedback can help identify early signs of discomfort and individual susceptibility factors such as age or repetitive prevent long-term injuries. Use of mechanical assists to eliminate existing health conditions strain or reduce exertions required to lift materials, hold tools and work injuries objects, and requiring multi-person lifts if weights exceed (RSIs), thresholds · Selecting and designing tools that reduce force and requirements and holding times, and improve postures · Providing decrease user adjustable work stations · Incorporating rest and stretch d breaks into work processes, and conducting job rotation · productiv Implementing quality control and maintenance programs that 32 ity due to reduce unnecessary forces and exertions · Taking into discomfo consideration additional special conditions such as left handed rt or persons fatigue Working at falls, falling objects, and Injury, L-3, S-4  Fall prevention and protection measures should be implemented Heights structural instability fatality whenever a worker is exposed to the hazard of falling more than Drops 1,3 meters;  providing appropriate fall protection equipment like harnesses and guardrails,  inspecting and maintaining equipment regularly,  implementing safe work procedures,  conducting thorough training on working at heights and emergency procedures.  Regular monitoring and supervision are essential to ensure compliance with safety protocols and prevent accidents. 2 Electrical Electrical Exposure to electrical Burns due to L-3, S-3  Safety fencing will be provided to control the direct contact of equipment shocks electric al workers. Scope of fire due to accidents.  Only authorized persons with adequate PPEs will permit to electrical short circuits Shocks due access the area. Exposure to burns due to to electric al  Adequate fire protection system will be developed. electrical systems accidents.  Good housekeeping practices will be done. Property loss Damages to  Safety sign board will be provided. skin due to  Adequately rated and quick response circuit breakers, aided by electrical fire reliable and selective digital or microprocessor based accidents. electromagnetic protective relays would be incorporated in the electrical system design for the proposed activities.  Proper firefighting scheme for electrical failures eliminate these Hazards  Proper design of electrical equipment as per standards/ HAC and proper isolation to eliminate these Hazards. High-Risk Falling from height Serious L-3, S-3  Authorized and trained persons will perform the job in particular Activities DROPs Injury area Electrical shock Fatality  Preparation of PTW, SOP Method Statement and Training Explosion manuals 33 Poisoning etc. Property  Strict observance of safety requirements and following PTW Loss /SOP steps  Clear the work area of flammable materials and establish a Fire: Hot work can ignite designated hot work zone flammable materials, such  Provide fire-resistant barriers or blankets to shield nearby as fuel, vegetation or Hot works construction debris combustible materials leading to fires  Keep fire extinguisher readily available and ensure workers are trained in their use  Monitor the work area fir signs of smoldering or ignition after hot Exposure to Fumes and work is completed Gases: Hot work produces  Provide workers with appropriate respiratory protection, such as fumes and gases that can pose respiratory hazards respirators or masks, if ventilation alone cannot control exposure to workers levels  Ensure adequate ventilation in the work area, either through Burns and thermal natural ventilation or mechanical ventilation systems injuries: Workers  Require workers to wear appropriate PPE, including flame- performing hot work are at risk of burns and thermal resistant clothing, gloves, and welding helmets injuries from contact with  Establish safe work practices such as maintaining a safe hot surfaces, sparks, or distance from hot surfaces and using welding screens to protect molten metal nearby workers from sparks  Implement a hot work permitting system to ensure proper planning and hazard identification before starting work Heavy Rain and Flooding Flooding L-3, S-2  Monitor weather forecasts regularly and implement proactive Extreme Soil erosion measures, such as installing temporary drainage systems and weather and erosion control measures condition: instability of  Ensure proper grading and compaction of soil to prevent water slopes accumulation and minimize runoff Damage to  Suspend outdoor work during periods of heavy rain or flooding equipment and provide alternative tasks indoors if possible Safety  Have emergency response plans in place, including evacuation hazards for procedures and designated assembly areas in case of flash workers flooding 34  Clear snow and ice from work areas, access roads, and Snow and Ice Slippery walkways using snowplows, shovels, and de-icing agents. conditions  Provide workers with appropriate footwear, such as insulated Reduced boots with slip-resistant soles, and ensure they are trained in visibility, safe walking and working practices in icy conditions. Impair  Use caution signs, barricades, and flaggers to alert workers and equipment motorists to hazardous conditions. operation,  Limit outdoor work during severe weather conditions and increasing prioritize essential tasks that can be performed safely. the risk of  Secure loose materials, tools, and equipment to prevent them accidents from becoming airborne hazards. and injuries  Inspect temporary structures, scaffolding, and signage for stability and reinforce them as needed to withstand wind loads.  Temporarily suspend work at heights, such as crane operations or elevated work platforms, during periods of high winds.  Provide wind-resistant shelters or designated safe areas for workers to take refuge during severe weather events.  Provide adequate rest breaks, hydration stations, and shaded areas for workers to cool down during hot weather. High winds Falling  Issue appropriate protective clothing, such as lightweight, objects, breathable fabrics in hot weather and insulated, moisture- structural wicking layers in cold weather. damage, and  Implement a buddy system to monitor workers for signs of heat equipment or cold-related illnesses and provide first aid as needed. overturning,  Adjust work schedules to avoid the hottest or coldest parts of the leading to day and prioritize tasks that can be performed in climate- injuries and controlled environments. property  Regular monitoring of weather forecasts and proactive planning damage are essential components of effective risk management Extreme Temperatures Heat stress, hypothermia, frostbite, dehydration, and fatigue 35 among workers, impairing their performance and increasing the risk of accidents Hazardous Spill, ignition Intoxication, L-2, S-3 Identify Hazardous Materials: material soil  Determine the types and quantities of hazardous materials that handling containment will be used or encountered during road construction, such as (storage, fuels, asphalt, chemicals, and solvents. transport,  Obtain safety data sheets (SDS) or material safety data sheets and use of (MSDS) for all hazardous materials to understand their properties, hazardous hazards, and safe handling procedures. materials) Assess Risks:  Evaluate the risks associated with the handling, storage, and disposal of hazardous materials, considering factors such as toxicity, flammability, reactivity, and potential for exposure.  Identify potential hazards to workers, nearby communities, and the environment, including risks of spills, leaks, fires, and explosions. Control Measures:  Implement engineering controls, administrative controls, and personal protective equipment (PPE) to mitigate risks and prevent accidents:  Engineering Controls: Use containment systems, ventilation, and spill containment measures to minimize the release of hazardous materials into the environment.  Administrative Controls: Develop standard operating procedures (SOPs) for the safe handling, storage, and disposal of hazardous materials.  Provide training to workers on hazard identification, emergency response, and proper handling techniques. 36 Personal Protective Equipment (PPE):  Provide workers with appropriate PPE, such as gloves, goggles, respirators, and protective clothing, to minimize exposure to hazardous materials. Safe Handling and Storage:  Ensure that hazardous materials are stored, handled, and transported in accordance with applicable regulations and best practices:  Store hazardous materials in designated areas with appropriate containment measures to prevent spills and leaks.  Use proper labeling, signage, and color-coding to identify hazardous materials and communicate associated risks.  Segregate incompatible materials to prevent chemical reactions and minimize the risk of accidents. Emergency Response Preparedness:  Develop and implement emergency response plans to address spills, leaks, fires, or other incidents involving hazardous materials:  Establish procedures for reporting emergencies, evacuating the area, and notifying appropriate authorities.  Provide training to workers on emergency response procedures and the use of spill containment and cleanup equipment.  Maintain emergency response supplies, such as spill kits, absorbents, and firefighting equipment, in accessible locations. Environmental Protection:  Minimize the environmental impact of hazardous material handling by implementing pollution prevention measures:  Implement spill prevention and response measures to minimize the release of hazardous materials into soil, water, or air.  Properly dispose of hazardous waste in accordance with applicable regulations, using authorized disposal facilities and methods. Fire and flammable materials, fuel Injury, L-3-S-3 Proper Storage and Handling: Store flammable materials away from Explosions storage, hot work activities property potential ignition sources and handle them according to safety protocols. 37 like welding, and ignition damage, sources such as electrical intoxication, Clear Communication: Ensure all workers are aware of fire and explosion equipment or vehicles fatality risks and are trained in emergency procedures. Fire Extinguishers: Have fire extinguishers readily available at the construction site and ensure workers are trained in their use. Control Ignition Sources: Minimize the use of open flames and hot work, and implement measures to control sparks from equipment. Ventilation: Provide adequate ventilation in confined spaces to prevent the buildup of flammable gases. Emergency Response Plan: Develop a comprehensive emergency response plan that includes evacuation procedures, emergency contacts, and procedures for shutting down operations in case of a fire or explosion. Regular Inspections: Conduct regular inspections of equipment, storage areas, and work sites to identify and address potential hazards. Safe Work Practices: Enforce safe work practices, such as proper handling of fuels and chemicals, and ensure equipment is well-maintained to prevent leaks or malfunctions that could lead to fires or explosions hot work permits, as per RoK High Risk activities regulation, Regular inspections and drills help maintain preparedness and minimize the risk of fire and explosions 38 Personal Protective EQUIPMENT (PPE) Road construction and maintenance personnel, as well as landscaping workers maintaining vegetation in the rights-of-way, can be exposed to a variety of physical hazards, principally from operating machinery and moving vehicles but also working at elevation on bridges and overpasses. Other physical hazards (e.g. exposure to weather elements, noise, work in confined spaces, trenching, contact with overhead power lines, falls from machinery or structures, and risk of falling objects). Proper PPE shall be provided by the Contractor for each type of activities as per risk assessment and MSDS by seasons. The minimum of PPE provided shall comply with Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated December 8, 2015 № 943. Registered with the Ministry of Justice of the Republic of Kazakhstan on December 29, 2015 № 12627,as well as Environmental, Health, and Safety Guidelines (https://www.ifc.org/content/dam/ifc/doc/2000/2007-toll-roads-ehs-guidelines-en.pdf). Workers must be provided with personal protective equipment in accordance with (Government Standard) GOST 12.4.034 Occupational Safety and Health Standards System (OSHS). Personal protective equipment for respiratory organs. Classification and labeling, GOST 12.4.103 System of labor safety standards (SSBT). Special protective clothing, personal protective equipment for feet and hands., GOST 12.4.128 System of labor safety standards. Safety helmets. General technical requirements and methods of testing. , ГОСТ 12.4.280-2014 Occupational safety standards system. Special clothing for mechanical action protection and general industrial contamination protection. General technical requirements, The PPE compliance certificates are to be provided as well. CSCs must refer to these standard provisions when inspecting Contractors’ compliance with the PPE. Personal Protective Equipment (PPE) provides additional protection to workers exposed to workplace hazards in conjunction with other facility controls and safety systems PPE is considered to be a last resort that is above and beyond the other facility controls and provides the worker with an extra level of personal protection. Providing site workers with appropriate PPE to perform work tasks in temperatures between +40 C and -40 C, as well as additional staff for cold weather periods to carry out outdoor shifts. Ensure use of protective clothing when: (i) Working with cutbacks (a mixture of asphalt and solvents for the repair of pavement), diesel fuel, or other solvents). (ii) Using appropriate respiratory protection when removing paints (including those containing lead in older installations) or when cutting galvanized steel; Use of personal hearing protection by exposed personnel and implementation of work rotation programs to reduce cumulative exposure; (iii) Fall Protection: Implementation of a fall protection program that includes training in climbing techniques and use of fall protection measures; inspection, maintenance, and replacement of fall protection equipment; and rescue of fall- arrested workers, among others; Establishment of criteria for use of 100 percent fall protection (typically when working over 1.8 meters above the working surface). The fall protection system should be appropriate for the structure and necessary movements, including ascent, descent, and moving from point to point; 39 (iv) Installation of fixtures on bridge components to facilitate the use of fall protection systems; (v) Safety belts should be not less than 16 millimeters (mm) (5/8 inch) two-in-one nylon or material of equivalent strength. (vi) Rope safety belts should be replaced before signs of aging or fraying of fibers become evident; (vii) When operating power tools at height, workers should use a second (backup) safety strap and etc. Table 4 presents general examples of occupational hazards and types of PPE available for different purposes. Recommended measures for use of PPE in the workplace include: (i) Active use of PPE if alternative technologies, work plans or procedures cannot eliminate, or sufficiently reduce, a hazard or exposure. (ii) Identification and provision of appropriate PPE that offers adequate protection to the worker, co-workers, and occasional visitors, without incurring unnecessary inconvenience to the individual. (iii) Proper maintenance of PPE, including cleaning when dirty and replacement when damaged or worn out. Proper use of PPE should be part of the recurrent training programs for employees. Selection of PPE should be based on the hazard and risk ranking described earlier in this section and selected according to criteria on performance and testing established by recognized organizations. Special considerations shall be paid into the provisions of PPE for women, especially as the project seeks to absorb women into the workforce. Inclusive PPE needs to be the main consideration when it comes to workplace safety. When women wear PPE that is made for the opposite sex and fits poorly, they could experience a wide range of risks and consequences. Similarly sized PPE often do not account for physical differences in women’s body shapes. There could be safety hazards, including potential fatality, i f PPE is not properly fitted. Further, apart from such safety hazards, the discomfort as a result of ill-fitted PPE could distract women from tasks at hand and even prompt them to avoid wearing PPE and expose them to risks. Contractors are required to implement good industry practices to maintain adequate and sufficient PPE across demographics. In addition to compliance with the OSHA regulations, whenever employers are required to purchase PPE, they should purchase these items in size ranges suitable for women. Contractors should maintain a directory of PPE manufacturers and suppliers on hand, identify a wide selection of size ranges for PPE, keep appropriate size ranges in stock, and ensure direct accessibility, as required. In addition, contractors shall ensure they make the following PPE options available: (i) Maternity PPE catered to pregnant workers. (ii) High-visibility clothing for workers of all heights. (iii) Safety gloves and footwear for workers who require extra small and extra-large sizes. (iv) PPE tailored to workers who use wheelchairs or have limb differences. 40 (v) PPE for workers with particular cultural or religious needs (e.g., equipment that coordinates with a Muslim woman’s hijab) Table 4: The Minimum PPE Recommended List Particulars Workplace Hazards Suggested PPE Eye and face Flying particles, molten metal, Safety glasses with side-shields, protection gases or vapors, light radiation protective shades, etc. Head protection Falling objects, inadequate height Safety helmets for top and side clearance, and overhead power impact protection. cords Hearing Noise, ultra-sound Hearing protectors (ear plugs or ear protection muffs). Foot protection Failing or rolling objects, points Safety shoes and boots for objects. Corrosive or hot liquids protection against moving and failing objects, liquids and chemicals. Hand protection Hazardous materials, cuts or Gloves made of rubber or synthetic lacerations, vibrations, extreme material (Neoprene), leather, steel, temperatures insulation materials, etc. Body / leg Extreme temperatures, hazardous Insulating clothing, body suits, protection materials, biological agents, aprons etc. of appropriate cutting and laceration materials Respiratory Dust, fogs, fumes, mists, gases, Facemasks with appropriate filters protection smokes, vapors for dust removal and air purification (chemical, mists, vapors and gases). Single or multi-gas personal monitors, if available Oxygen deficiency Portable or supplied air (fixed lines). On-site rescue equipment. High visibility vest Traffic, vehicle, lack of proper Industrial clothes and high visibility illumination vests shall have light reflective tapes. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS Labor Code of the Republic of Kazakhstan (dated November 23, 2015 with the last updated become valid on January 1, 2024) is the fundamental legislative act aimed at regulating all labor issues arising in the Republic of Kazakhstan. This Code governs employment relationships and other relations, directly related, directed to protection of the rights and freedoms of the parties of employment relationships, establishment of the minimum guarantees of the rights and freedoms in the sphere of work. Article 6 of the Code prohibits discrimination and guarantees that all citizens have equal rights to work; discrimination in labor relations is prohibited. Any differences, non-admission or preference, denial of employment, regardless of nationality, race, gender, language, religion, political beliefs, social status, education, property, leading to a violation of equality of opportunities in the field of labor, are prohibited. Contractor shall refer to official sources of RoK legislation to track up-to-date versions of RoK Laws and Regulations. https://adilet.zan.kz/ 41 Under the current framework on labor and working condition the analysis indicates that inconsistences were observed on minimum age of employment and GBV. The project will require that all project workers must be above 18 y.o. and additional measures on prevention of GBV are to be implemented as part of the LMP as well as ESMP. Table 5: Gaps Between the WB and ROK Standards and Mitigation Measures 42 WB ESF Standard RoK Legislation Gaps Project-level Requirements ESS2: Labor and Working Conditions Labor Code of Republic of Kazakhstan No gap in the Strict observance and correct regulates labor and working conditions: legal provisions. implementation of all legislation and Terms and conditions of employment: However, a ESS2 requirements. The Labor Code regulates relations: 1) practical Project workers will be provided with labor; 2) directly related to labor; 3) social Clear Information and Documentation: information and documentation that is implementation partnership; 4) on safety and labor of the legal Provide project workers with clear and clear and understandable regarding protection. understandable information about provisions their terms and conditions of their terms and conditions of employment. The information and Article 5. Freedom of labor. Everyone has stipulated in the Labor Code and employment, including their rights documentation will set out their rights the right to freely choose work or freely under national labor laws and any other related under national labor and employment agree to work without any discrimination applicable collective agreements. This law (which will include any applicable and coercion to it, the right to dispose of laws, need to be ensured. In information should be provided at the collective agreements), including their their abilities for work, to choose a beginning of the working relationship addition, a rights related to hours of work, wages, profession and type of activity. Article 22. and whenever there are material overtime, compensation and benefits, Basic rights and obligations of an supervision engineer shall changes to the terms or conditions of as well as those arising from the employee employment. ensure the LMP requirements of this ESS. This information and documentation will be The employee has the right to: requirements Regular Payment: Ensure project provided at the beginning of the working conclusion, amendment, addition, and Labor Code workers are paid on a regular basis as relationship and when any material termination of an employment contract in and ESS2 are required by national law and labor changes occur to the terms or the manner and under the conditions followed by management procedures. Any provided by Labor Code; requirement Contractor. conditions of employment occur. deductions from wages should only be from the employer to execute the made as allowed by law or Project workers will be paid on a regular conditions of labor, collective contracts, procedures, and workers should be basis as required by national law and agreements, acts of the employer, safety informed of the conditions under labor management procedures. and labor protection, obtaining complete which deductions will be made. Deductions from payment of wages will and reliable information about the state of only be made as allowed by national working conditions and labor protection, Rest and Leave: Provide project law or the labor management timely and in full payment of wages in workers with adequate periods of rest 43 procedures, and project workers will be accordance with the terms of labor, per week, annual holiday, and sick, informed of the conditions under which collective agreements, compensation for maternity, and family leave as such deductions will be made. Project harm caused to health in connection with required by national law and labor workers will be provided with adequate the performance of labor (service) duties, management procedures. periods of rest per week, annual holiday compulsory social insurance, protection of and sick, maternity and family leave, as their rights and legitimate interests by all required by national law and labor means that do not contradict the law; Notice of Termination: Where required management procedures. equal pay for equal work, as well as equal by national law or procedures, give production and living conditions without project workers written notice of Where required by national law or the any discrimination. labor management procedures, project termination of employment and details workers will receive written notice of Article 24. The subject of the employment of severance payments in a timely termination of employment and details contract includes the obligation to manner. Ensure that all wages, of severance payments in a timely personally perform the work (labor benefits, and entitlements are paid on manner. function), to comply with the rules of the or before termination of the working labor schedule, and the employer relationship, either directly to the All wages that have been earned, social obligates to provide the employee with workers or for their benefit. security benefits, pension contributions work according to the stipulated labor and any other entitlements will be paid Nondiscrimination and Equal function, to ensure the working conditions Opportunity: Base decisions relating on or before termination of the working provided by Labor Code, the laws of the relationship, either directly to the project to the employment or treatment of Republic of Kazakhstan and other project workers on job-related criteria, workers or where appropriate, for the regulatory legal acts of the Republic of benefit of the project workers. Where without discrimination based on Kazakhstan, the collective agreement, personal characteristics, gender, payments are made for the benefit of acts of the employer, pay wages to the project workers, project workers will be religion, ethnicity or any other employee in a timely manner and in full. provided with evidence of such differences. Ensure equal opportunity payments. Article 26. Prohibitions and restrictions for and fair treatment in all aspects of the conclusion of employment contract and employment relationship, and Nondiscrimination and equal employment establish measures to prevent and opportunity 44 Decisions relating to the employment or 4) with foreigners and stateless persons address harassment, intimidation, and treatment of project workers will not be temporarily staying in the territory of the exploitation. made on the basis of personal Republic of Kazakhstan, until the characteristics unrelated to inherent job employer receives permission from the Special Measures: Implement special requirements. The employment of local executive body to attract foreign measures of protection and project workers will be based on the labor, or until a foreign employee receives assistance to address the principle of equal opportunity and fair a certificate of compliance with vulnerabilities of specific groups of treatment, and there will be no qualifications for self-employment or a workers, such as women, people with discrimination with respect to any permit for a labor immigrant issued in disabilities, foreign workers, and aspects of the employment relationship, accordance with the procedure children of working age, in such as recruitment and hiring, determined by the authorized body on accordance with national law and compensation (including wages and migration issues, or without compliance project requirements. benefits), working conditions and terms with restrictions or exemptions of employment, access to training, job established by the laws of the Republic of assignment, promotion, termination of Kazakhstan. employment or retirement, or disciplinary practices. The labor Article 30. Term of employment contract management procedures will set out 3. An employment contract with a foreign measures to prevent and address employee of a state body is concluded for harassment, intimidation and/or a period determined by the head of the exploitation. state body. Special measures of protection and Article 63. The rules of labor regulations: assistance to remedy discrimination or selection for a particular job based on Labor regulations are approved by the the inherent requirements of the job or employer. the objectives of the project will not be deemed as discrimination, provided The labor regulations establish working they are consistent with national law. hours and rest periods for employees, conditions for ensuring labor discipline, 45 The Borrower will provide appropriate and other issues of regulating labor measures of protection and assistance relations. to address the vulnerabilities of project workers, including specific groups of Article 87. Types of holidays workers, such as women, people with Employees are provided with the disabilities, foreign workers and children following types of leave: (of working age in accordance with ESS2). Such measures may be Paid annual labor leave; social leave. necessary only for specific periods of time, depending on the circumstances Article 103. Wages: of the project worker and the nature of The amount of the monthly salary of an the vulnerability employee is established differentially depending on the qualifications of the employee, the complexity, quantity, and quality of the work performed, as well as working conditions. There is no maximum monthly salary limit. Wages are paid to the employee for the time actually worked by him, recorded in the documents of the employer for recording working hours. Nondiscrimination and equal The Law of the Republic of Kazakhstan No gap in terms As above opportunity. Decisions relating to the dd December 14, 2000 # 115-II “On of the legal employment or treatment of project ratification of the Convention concerning framework. workers will not be made on the basis of on equal remuneration for men and However, a personal characteristics unrelated to women workers for work of equal value” practical inherent job requirements. The implementation employment of project workers will be The Law of the Republic of Kazakhstan of the legal based on the principle of equal dd December 8, 2009 # 223-IV provisions opportunity and fair treatment, and stipulated in the 46 there will be no discrimination with “On State Guarantees of Equal Rights Labor Code and respect to any aspects of the and equal Opportunities of Men and other related employment relationship, such as Women” laws, need to be recruitment and hiring, compensation ensured. In (including wages and benefits), working This Law regulates the social relations in addition, a conditions and terms of employment,11 the field of ensuring of the state supervision access to training, job assignment, guarantees of equal rights and equal engineer shall promotion, termination of employment opportunities of men and women and ensure the LMP or retirement, or disciplinary practices. shall establish the basic principles and requirements The labor management procedures will regulations, relating to the creation of and Labor Code set out measures to prevent and conditions for gender equality in all and ESS2 are address harassment, intimidation and/or spheres of the state and social life. followed by exploitation. Where national law is Contractor. Article 1. The basic concepts, used in this inconsistent with this paragraph, the Law: project will seek to carry out project activities in a manner that is consistent  gender – social aspect of relations with the requirements of this paragraph between men and women, which to the extent possible. Special shall be demonstrated in all spheres measures of protection and assistance of life; to remedy discrimination or selection for  gender equality – a legal status, a particular job based on the inherent ensuring the men and women with requirements of the job or the objectives equal rights and equal opportunities of the project will not be deemed as and real access to participation in discrimination, provided they are political, economic, social, public and consistent with national law. cultural spheres of life regardless of sexual identity; The Borrower will provide appropriate  discrimination on the grounds of sex measures of protection and assistance – any limitation or impairment of a to address the vulnerabilities of project right and freedom of person, as well workers, including specific groups of 47 workers, such as women, people with as disparagement of his (her) dignity disabilities, foreign workers and children of the grounds of sex; (of working age in accordance with this  equal rights – an equal right for men ESS). Such measures may be and women to exercise of civil, necessary only for specific periods of political, economic, social, culture time, depending on the circumstances and other rights, state-guaranteed, of the project worker and the nature of vested in the Constitution and the the vulnerability Laws of the Republic of Kazakhstan;  equal opportunities – the system of means and conditions, necessary for real achievement of equality of rights; Article 10. Participation of employers in ensuring of equal rights and equal opportunities of men and women in the scope of labor relations: Equal rights and equal opportunities in the scope of labor relations shall be guaranteed to the men and women and etc. Equal conditions upon recruitment in organization and its structural subdivisions. Persons, considering, that suffered to discrimination in the scope of labor, shall have a right to apply to the bodies and organization, carrying out activity in the 48 scope of ensuring of equal rights and equal opportunities of men and women. Article 12. Guarantee of the state on ensuring of gender equality in the field of protection of health, education, culture. Child labor and minimum age: The labor Labor Code of Republic of Kazakhstan Age of Minimum age of 18 will be used for management procedures will specify Article 31. The employment contract may employment: this project due to the nature of the the minimum age for employment or be concluded with: works required, which could be engagement in connection with the  citizens who have reached the age of As per ESS the hazardous. RoK legislation project, which will be the age of 14 fifteen years, if they obtained a basic min age of requirement on the minimum age (18) unless national law specifies a higher secondary, general secondary employment is will be applied. age. education in organization of 14 y.o. under secondary education. special As per ESS 2 guidance note, A child over the minimum age and conditions. As obtaining written confirmation from the  pupils who have reached the age of under the age of 18 may be employed per RoK applicant of their age. fourteen, to perform work when they or engaged in connection with the legislation the are free from their studies, which does project only under the following specific min age of This will be done by using the legally not cause harm to health and does not recognized documents such as the conditions: (a) the work does not fall employment is impede the learning process. National Identification Card, and Birth within paragraph 19 below; (b) an 15, for the non- Certificate. Further, awareness raising appropriate risk assessment is hazardous sessions will be conducted regularly Article 26. Prohibitions and restrictions for conducted prior to the work activities. to the communities to sensitize on conclusion of employment contract and commencing; and (c) the Borrower prohibition and negative impacts of employment: it is not allowed to enter into For the works in conducts regular monitoring of health, child and forced labor. an employment with citizens who have connection for working conditions, hours of work and not reached the age of eighteen, for the project that Where there is any reasonable doubt the other requirement of this ESS. 19. heavy work, the work with harmful and A child over the minimum age and is likely to be as to the age of the applicant, (or) dangerous working conditions, as hazardous the requesting and reviewing available under the age of 18 will not be well as for positions and works that documents to verify age (such as a employed or engaged in connection requirements of provide for the full material responsibility birth certificate, national identification with the project in a manner that is likely the minimum of the employee for failure to ensure the card, medical, school record, or other 49 to be hazardous13 or interfere with the safety of property and other valuables of age are equal- document or community verification child’s education or be harmful to the the employer, as well as for work that can 18 years old. demonstrating age. child’s health or physical, mental, harm their health and moral development spiritual, moral or social development. (gambling, work at night entertainment Potential risks associated with primary suppliers will be assessed as part of facilities, production, transportation and the supply chain identification by the trade of alcoholic beverages, tobacco contractors. Contractors are required products, drugs psychotropic substances to provide an assessment of their and precursors); preferred suppliers with regards to child labor, and to be verified by the CSCs. Forced labor:. Forced labor, which Labor Code Article 7. Prohibition of forced No gap in the The project will require robust supply consists of any work or service not labor legal framework. chain monitoring, supplier audits, voluntarily performed that is exacted However, a worker empowerment programs and from an individual under threat of force Forced labor is prohibited. practical collaboration with stakeholders to or penalty, will not be used in implementation ensure compliance with labor connection with the project. This of the legal standards and human rights: Forced labor means any work or service prohibition covers any kind of provisions required from a person under the threat of Mitigating forced labor in supply involuntary or compulsory labor, such stipulated in the any punishment, for which this person did chains shall include: as indentured labor, bonded labor, or Labor Code and not volunteer his services. similar labor-contracting arrangements. other related  Supplier Audits: Regular audits to No trafficked persons will be employed laws, need to be assess compliance with labor in connection with the project. ensured. In standards and identify potential addition a risks of forced labor. supervision  Supplier Contracts: Including engineer shall clauses that explicitly prohibit the ensure the LMP use of forced labor and outlining requirements and Labor Code 50 and ESS2 are consequences for non- followed by compliance. Contractor.  Supplier Training: Providing training and guidance to suppliers on labor standards and human rights.  Traceability: Establishing traceability mechanisms to track the origin of materials and ensure they are sourced ethically.  Worker Empowerment: Empowering workers through education, training, and grievance mechanisms to report instances of forced labor.  Collaboration: Collaborating with other companies, industry associations, NGOs, and government agencies to share best practices and address systemic issues.  Transparency: Being transparent about efforts to combat forced labor and regularly reporting progress to stakeholders.  Due Diligence: Conducting thorough due diligence assessments of suppliers and potential risks in the supply chain. 51  Certifications: Working with certified organizations or obtaining certifications to ensure compliance with labor standards. Similar to the management of child labor risks, potential risks associated with forced labor in the primary suppliers will be assessed as part of the supply chain identification by the contractors. Contractors are required to provide an assessment of their preferred suppliers with regards to issues on forced labor and to be verified by the CSCs. Grievance mechanism (Level 3): A In Kazakhstan, the grievance mechanism RoK legislation Policy Development: Develop and grievance mechanism will be provided is primarily regulated by the Labor Code, does not cover implement clear policies prohibiting for all direct workers and contracted which outlines procedures for addressing grievance gender-based violence, harassment, workers (and, where relevant, their complaints and disputes between mechanism and discrimination in the workplace, organizations) to raise workplace employers and employees. Specifically, related to GBV, Code of Conduct. Ensure these concerns. Chapter 19 of the Labor Code covers the including policies are communicated to all resolution of labor disputes, including the SEA/SH. By employees and contractors (including process for lodging grievances, Kazakhstan Law sub-contractors). mediation, and arbitration. GBV is equated See Section 11 of this LMP. to disorderly Training and Awareness: Provide conduct as per training to all employees and Crime Code of contractors on recognizing and RoK. preventing gender-based violence and harassment. Include information on 52 reporting procedures and support resources. Support Services: Arrange support services such as counseling, legal assistance, and medical support for victims of gender-based violence. Ensure confidentiality and sensitivity in handling reports and providing support. Safe Reporting Mechanisms: Establish confidential and accessible reporting mechanisms for victims of gender-based violence to report incidents without fear of retaliation. Ensure these mechanisms are well- publicized and responsive. Investigation and Accountability: Conduct prompt and thorough investigations into reports of gender- based violence. Hold perpetrators accountable for their actions through appropriate disciplinary measures. Empowerment Programs: Implement programs that promote gender equality and empower employees to challenge gender stereotypes and 53 discriminatory attitudes in the workplace. Community Engagement: Collaborate with local organizations and community groups working on gender equality and violence prevention to raise awareness and advocate for change. "Union of Crisis Centers" is a non-governmental organization. Monitoring and Evaluation: Regularly monitor and evaluate the effectiveness of mitigation measures through surveys, focus groups, and other feedback mechanisms. Use this information to make improvements and adjustments as needed. Occupational Health and Safety (OHS). Kazakhstan's occupational health and No gap in the Occupational Health and Safety Measures relating to occupational safety (OHS) laws aim to protect workers' legal provisions. (OHS) measures to ensure a safe and health and safety will be applied to the well-being and ensure safe working However, a healthy work environment: project. The OHS measures will include conditions across various industries. Here practical the requirements of this Section, and are some key components of implementation  Risk Assessments: Regularly will take into account the General Kazakhstan's OHS legislation: of the legal conducting risk assessments to EHSGs and, as appropriate, the provisions identify hazards and assess the industry specific EHSGs and other GIIP.  Labor Code: The Labor Code of the stipulated in the potential risks to workers’ health The OHS measures applying to the Republic of Kazakhstan contains Labor Code and and safety. project will be set out in the legal provisions related to occupational other related  Compliance Training: Providing agreement and the ESCP safety and health. It outlines the laws, need to be comprehensive training to general rights and obligations of ensured. In employees on OHS regulations, employers and employees regarding 54 workplace safety, accident prevention, addition, a safe work practices, and and health protection supervision emergency procedures.  Regulations and Standards (Civil engineer shall  Safety Policies and Procedures: Defense Order, Industrial Safety ensure the LMP Establishing clear OHS policies Rules, Norms of PPE Provision as per requirements and procedures that outline professions): Kazakhstan has and Labor Code expectations for workplace safety established regulations, standards, and ESS2 are and detail steps for reporting and guidelines that specify safety followed by hazards or incidents. requirements for different industries Contractor.  Safety Equipment and Personal and types of work. These regulations Protective Equipment (PPE): cover areas such as machinery safety, Providing appropriate safety chemical handling, personal protective equipment and PPE to equipment (PPE), fire safety, and employees to mitigate risks emergency response procedures. associated with specific tasks or  Employer Responsibilities regulated environments. by Labor Code, Obligatory workplace  Worksite Inspections: Conducting assessment on working conditions: regular inspections of worksites to Employers are obligated to provide a ensure compliance with safety safe and healthy work environment for standards and identify any their employees. This includes hazards or areas for conducting risk assessments, improvement. implementing preventive measures to  Health and Wellness Programs: mitigate hazards, providing necessary Implementing programs to training and supervision, and promote employee health and maintaining appropriate safety wellness, including initiatives equipment and facilities.  Worker Rights (Labor Code): Labor such as ergonomic assessments, department controls employees’ rights stress management, and access to work in a safe environment and to healthcare resources. refuse to perform tasks that they  Emergency Preparedness: believe pose an immediate danger to Developing and regularly 55 their health or safety. They also have reviewing emergency response the right to receive training on OHS plans, including procedures for practices, participate in safety evacuations, medical committees, and report workplace emergencies, and other critical hazards without fear of retaliation. incidents.  Inspection and Enforcement:  Worker Participation and Government authorities, such as the Consultation: Encouraging worker Ministry of Labor and Social involvement in OHS decision- Protection, conduct inspections to making processes, such as safety ensure compliance with OHS committees or worker regulations. Non-compliance can representatives, to ensure their result in fines, penalties, or legal voices are heard and concerns action against employers. addressed.  Emergency Preparedness and  Continuous Improvement: Response (Civil Defense): As per Civil Establishing mechanisms for defense Law the Contractors are ongoing monitoring, evaluation, required to develop emergency plans and improvement of OHS and procedures to address potential performance, including feedback workplace emergencies, such as fires, loops and corrective actions. chemical spills, or accidents. This  Regulatory Compliance: Staying includes providing training to up to date with relevant OHS employees on emergency response regulations and standards and protocols and conducting regular ensuring compliance with legal drills. requirements at all levels of the  Compensation and Rehabilitation: In organization. cases of work-related injuries or illnesses, Kazakhstan's Labor Code oblige the Contractor for compensation, medical treatment, rehabilitation, and other forms of 56 support for affected workers and their families. 57 BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY Occupational health and safety are governed by the Republic of Kazakhstan Labor Code. Section 17 of the Law as well as WBG EHSGs narrates the roles and responsibilities of employers and employees related to occupational health and labor safety. The law requires employers to: - Be responsible for ensuring safe working conditions and safety of work at every workplace - Apply the means to protect workers individually and collectively (including protective clothing and equipment) - Provide appropriate work and rest regimes - Training workers in their jobs and safe methods of work - Provide instructions on labor protection - Test and verify the knowledge of workers in working safely - Provide certifications of workplaces at least every five years - Investigate accidents - Provide sanitation and medical services - Provide access to premises by state officials - Providing social insurance for accidents and diseases. - Develop and implement a comprehensive health and safety plan to protect workers from hazards associated with road construction activities, including heavy machinery, hazardous materials and traffic - Provide appropriate training, PPE and medical surveillance for workers - Implement measures to prevent accidents, such as traffic management plans, signage and barriers - Community health and safety: Engage with local communities to assess and address potential health and safety concerns related to road construction activities - Implement measures to minimize disruptions to local communities, such as controlling construction noise and traffic, and ensuring access to emergency services - Ensure proper disposal of hazardous materials and construction waste in accordance with RoK legislation Employees, on the other hand, are required to pass initial and periodic tests medical examinations, pass training and periodic checks of their knowledge of their jobs and safety requirements, and to carry out medical and health measures that are prescribed by medical institution if paid by employer. Employers with over 50 employees must establish an OHS Department. This requirement is to be met by the Contractor and by sub- contractors if they employ over 50 people. The law gives workers the right to refuse to undertake work that violates labor protection requirements. In addition, workers engaged in hazardous working conditions are entitled to free medical and preventative care, additional paid leave and other benefits and compensation. In case of disability or death, employers must provide compensation in multiples of average annual earnings as well as other amounts required by law. 58 In terms of contractors and sub-contractors the OHS management plan is compiled and contains all relevant information to ensure the management of health and safety of employees, the public and the impact on the environment. Avoid, eliminate and control workplace hazards; As well as provide employees with safety information, supervision and training appropriate to the hazards they are likely to encounter; continuously improve the standard of occupational safety and health for all employees. - Policy procedures and management practices: Rules and regulations of RoK and International standards, Safety standards, ESF ESS2 requirements and WBG EHSGs - Organization: Management, Suppliers, Supervisors, Employees, Committees - Services/Facilities: Safety equipment, PPE, First Aid, Rehabilitation - Management: Planning, Reporting, Audit/Review, Risk Management - Awareness: Induction, Training, Promotion, Meetings - Legislation: Labor Code of the Republic of Kazakhstan, Code of Rules: СП РК 3.03-101-2013 - RoK Industrial safety rules- Order of the Minister of Investment and Development of the Republic of Kazakhstan dated 30 December 2014 No. 352. Registered with the Ministry of Justice of the Republic of Kazakhstan on 13 February 2015 No. 10247., - Fire safety, Civil Defense- The Law of the Republic of Kazakhstan dated 11 April 2014 No. 188-V of the Law of the Republic of Kazakhstan. Order of the Ministry of Public Health of Republic of Kazakhstan dd July 26, 2022 # KP ДСМ-67). - The Law of the Republic of Kazakhstan dated 21 July, 2007 No. 302. - Requirements of the ESF ESS2 and WBG EHSGs The Contractor will enforce the International Labor Organization (ILO) principles on safe work for all. Occupational Health and Safety (OHS) involves the health and safety of everyone involved, not only the employees and the employers of a workplace but also the wider community and indirect stakeholders. The aim is to enhance the safety and health of workers active under project activities through the prevention of accidents and fire on the workstation and the promotion of a healthy and secure working environment (e.g. exposure to harmful materials and chemicals, temperature, light, sound, ambient air, provision of drinking water). Any accident on the workstation must be reported immediately as per legislation requirements. Occupational Health and Safety (OHS) Procedures - Procedures to ensure establishing and maintaining a safe working environment shall be developed by parties who employ or engage project workers. - Clear processes and procedures shall be available to workers to enable them to report work situations that they believe are not safe or healthy, and accordingly, remove themselves. - Ensure that all employees with special needs are given directions, notices, information and instructions by any method of communication. - Facilities appropriate to the circumstances of the works will be provided to the project workers. 59 - All parties who employ or engage the workers will collaborate in applying the OHS requirements. - A system of regular review of OHS performance and the working environment will be put in place and include identification of safety and health hazards and risks, implementation of effective methods for responding to identified hazards and risks, setting priorities for taking action, and evaluation of results. Key objectives are to: - Promote safety and health at work. - Promote the fair treatment, nondiscrimination and equal opportunity of project workers. - Protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with the ESS2) and foreign workers, contracted workers, community workers and primary supply workers, as appropriate. - Prevent the use of all forms of forced labor and child labor. - Support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law. - Provide project workers with accessible means to raise workplace concerns. The following OHS procedures shall be developed and implemented by Contractors: - Contractors include the budgetary requirements for OHS measures in their respective bids. - The contractor will develop and maintain an OHS management system that is consistent with the scope of work, which must include measures and procedures to address all the following topics listed below and in accordance with local legislation and GIIP (as defined by World Bank Group EHSGs). - Contractor will conduct workplace hazards identification and adopt all applicable E&S risk mitigation measures in accordance with local legislation requirements and WBG EHSGs. - Contractor designates a responsible person to oversee OHS related issues at the project site and define OHS roles and responsibilities for task leaders and contract managers. - Contractor should put in place processes for workers to report work situations that they believe are not safe or healthy, and to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and danger to their life or health, without fear of retaliation. - Contractor provides preventive and protective measures, including modification, substitution, or elimination of hazardous conditions or substances informed by assessment and plan. Whenever PPEs are required for the work, it must be provided at no cost for the workers. - Contractor should assess workers’ exposure to hazardous agents (noise, vibration, heat, cold, vapors, chemicals, airborne contaminants etc.) and adopt adequate control measures in accordance with local regulations and WB EHSGs. - Contractors provide facilities appropriate to the work’s circumstances, including access to canteens, hygiene facilities, and appropriate areas for rest. Where 60 accommodation services are provided to project workers, policies will be put in place and implemented on the management and quality of accommodation to protect and promote the health, safety, and well-being of the project workers, and to provide access to or provision of services that accommodate their physical, social, and cultural needs. - Contractor provides appropriate training/induction of project workers and maintenance of training records on OHS subjects. - Contractor documents and reports on occupational incidents, diseases, and incidents in accordance with the Article 187 of Labor Code of RoK. The reporting protocol shall be developed to establish reporting to all involved parties. Contractor provides emergency prevention and preparedness and response arrangements to emergency situations including and not limited to workplace accidents, workplace illnesses, flooding, fire outbreak, disease outbreak, labor unrest and security. The hospitals are located in Karaganda, Zhezkazgan cities and Zhanaarka rayon center. Almost all villages have only rural health posts with limited number of personnel. The distance between Zhezkazgan-Zhanaarka, Zhanaarka -Karaganda is 325 km (60pprox.. 4 hours 30 min) and 208 km (60pprox.. 3 hours). Proper medical service to be ensured by Contractor at the accommodation and construction sites due to the distance to the hospitals: - Site specific Emergency Response Plan to be developed that will include medical response part. - Qualified personnel shall be available 24/7 - The site clinic/medical point to be arranged and equipped - Ambulance for Emergency evacuation to be provided, see Annex 2 Minimum equipment requirement for site clinic/medical point and ambulance. 61 Given the possible remote locations where the works are expected to be delivered, the above requirements shall be incorporated in the procurement documents as well as the contracts for the selected contractor(s). RESPONSIBLE STAFF The construction works for the Project (TRACE) Transport Resilience and Connectivity Enhancement-Zhezkazgan-Karagandy highway road rehabilitation will require a number of employees for its various works though details of the specific labor needs will be clearer during works. The overview of responsible staff and oversight mechanisms will be described in further detail in the ESMP. The following chart presents the main institutions and their responsibilities at this project. However, this is an overview and the details will flow from the ESMP and can be taken further forward during the implementation stage. Project Level Institutional Arrangements For this stage of project preparation for the SRCSMP Component 1, and consistent with the usual local requirements in Kazakhstan and within the WB ESF, a number of institutional arrangements and responsibilities are envisaged, and hereby discussed below. Table 6: Project Level Institutional Arrangements № Responsible Functions of project Responsibilities of the project Agencies participant participant 1 Committee of Roads Coordination of Exercises general control over the (CoR) activities on creation project implementation according to and development of a the concluded contracts for network of public reconstruction, consulting services, highways of regional as well as compliance with the and district deadlines of strategic documents significance. envisaging the project Realization of implementation. investment and social Control over the effective utilization policy in the road of project assets sector 2 JSC “NC The authorities of the General management of the project, ‘KazAvtoZhol’ National Operator including technical, legal financial (National Operator of include the aspects. Control over design, highways of republican implementation of construction, reconstruction, repair, and international budget investment maintenance of highways of importance) projects for the international and republican development of a importance, development of network of public roads roadside service facilities along the of international and highways, etc. republican importance To implement the project, the staff on the basis of the will include specialists in state assignment. environmental and social development, responsible for environmental and social risk management, supervising the preparation of ESF tools together 62 with external consultants. Monitoring and reporting will be carried out. 3 Project Implementation Improvement of project Overall project management, Unit (PIU) implementation including technical, legal, ESHS, efficiency, support Financial aspects. Overall Committee of Roads responsibility for the implementation activities in the of the LMP, including coordination management of large with the civil work contractors and construction projects. CSCs. 4 Construction Evaluation and control Quality control of technical decisions Supervision of quality of work, made, ESHS supervision, including Consultants (CSCs) materials used, on aspects related to labor and coordination of working conditions, OHS, as engineering solutions, required under the LMP. including adjustment of design solutions, if necessary, or if required to improve the performance contract. 5 General Contractor – Implementation of Performance of quality contracting construction works works/services as per their construction respective contracts, including organization ensuring safe working practices, zero accidents and fatality Construction requirements, management of labor organization that will and working conditions as required perform construction under the LMP. works. To be determined on the basis of competitive tender for the procurement of goods and services 6 Committee of Labor Formation and Ensuring compliance with and Social Protection realization of state legislation, norms, and standards of of the Ministry of Labor policy, implementation the Republic of Kazakhstan. and Social Protection of inter-sectoral Periodic labor inspection and of the Population of coordination and state compliance assessment with the Republic of management in the regards to the Labor Code. Kazakhstan (external field of labor, including to the project) occupational safety and health; employment; Social 63 security, including pensions and compulsory social insurance; social protection of persons employed in jobs with harmful working conditions. 7 Migration Service Issuing and (or) Compliance with legislation, norms, Committee of the extending permits for and standards of the Republic of Ministry of Internal employers to hire Kazakhstan Affairs of the Republic foreign labor, as well of Kazakhstan as intra-corporate (external to the transfers project) 8 Local executive Exercise of State Permits, document processing, etc. authorities (external to authority in the regions the project) Specific details of roles and responsibilities are elaborated in the following: Committee of Roads The Committee of Roads (COR), under the Ministry of Transport is responsible for managing the road sector and for implementing state policy, developing and ensuring compliance with regulations. It finances KAZh, the national operator, and is responsible for quality control, and for introducing and operating toll roads. It also makes transfers to regional budgets and to the cities of Astana and Almaty for the development and repair of local roads. The COR has traditionally acted as implementing agency for road projects of international financing institutions. The project will be coordinated by the Ministry of Transport (MoT) of the Republic of Kazakhstan through its Committee for Roads (CoR). KazAvtoZhol (KAZh) KAZh as a joint stock company (JSC), with the Ministry of Transport as its sole shareholder, was given the status of a “national company” (NC), which enables it to attract and use all sources of funding not prohibited by law, KAZh is responsible for procurement and supervision of construction, reconstruction, and repair (capital, medium and current), and also acts as the manager of the republican road network. It is the trust manager of toll roads. KAZh will have overall responsibility for the SRCSMP Component 1 being funded by the World Bank. This consists of preparation, implementation, and financing of 64 activities related to social measures such as livelihood restoration, addressing other adverse effects caused by the land acquisition, establishing project SEP, and overseeing the LMP. In addition, KAZh will be responsible for any interagency coordination with relevant government offices. KAZh will exercise its functions through the Project Implementation Unit (PIU), which in turn will be responsible for project execution and overseeing day-to-day project activities at rayon/subproject levels. The KAZh’s within the Ulytau and Karagandy Rayons shall be responsible for the section of roads within their jurisdiction. Coordination with relevant parties in the LMP will be led by the PIU on behalf of KAZH. The PIU will be responsible for consolidating reporting as well as monitoring corrective actions (as applicable), with technical support from the CSCs. In KAZh’s Environment and Social Commitment Plan (ESCP), KAZH puts forward certain commitment pertaining to Organizational Structure. In it KAZH, is to establish an organizational structure (project implementation team) with qualified staff to support management of E&S risks including at least one Environmental, one Social/Gender Specialist, one Social / Resettlement Specialist, one OHS, Road Safety Engineer, and one Community Liaison Officer responsible for ensuring full compliance with the ESSs, ESCP and relevant instruments. They will be supported by the specialists who will be a part of the Supervision Engineer. This organizational structure is to be maintained as necessary throughout Project implementation. Civil Works Contractors The Civil Works Contractors for Component 1 (Zhezqazgan – Karagandy) will be selected based on procurement guidelines of the WB and Government of Kazakhstan. Depending on the parceling of lots, these Contractors may be international or local contractors depending on the construction lot budgets as has been normally applied in previous projects. Component 1 may be tendered as international competitive bidding and will have a Site-Specific ESMP to be complied with by the winning contractors. The contractors for Component 1 will be expected to be responsible for implementing most, if not all, the measures recommended in the ESMP to mitigate environment and social impacts. Accordingly, a contractor will incorporate the following measures in their respective C- ESMPs:  Designate a full-time Environment, Social, Health and Safety Officer/s the contracted works (with assistants).  Prepare and submit a site-specific ESMP for review by the CSCs for approval by the KAZH and the WB and other project documents if required (LMPs, SEP, etc.); other specific plans may be required which will all be annexes to the ESMPs.  Provide sufficient funding and human resources for implementation of the ESMP, especially for parametric monitoring.  Ensure proper and timely implementation of required pre-construction and construction mitigation measures in the ESMP.  Implement additional environmental and/or social mitigation measures as necessary, consistent with the grievance redress system and complying with other measures outlined in the RAP, SEP and ESIA  Ensure compliance with Labor Laws and Regulations:  Ensure adherence to national labor laws, regulations, and industry standards. 65  Stay updated with changes in labor legislation and implement necessary adjustments promptly.  Fair Employment Practices:  Implement non-discriminatory hiring practices.  Provide equal employment opportunities regardless of gender, age, ethnicity, or nationality.  Employment Contracts:  Issue clear and comprehensive employment contracts to all workers, detailing terms of employment, wages, working hours, and benefits.  Ensure contracts are written in a language understood by the workers.  Wages and Benefits:  Pay workers fair wages on time, in accordance with legal requirements and contractual agreements.  Provide statutory benefits such as social security, health insurance, and pensions.  Working Hours and Overtime:  Regulate working hours in compliance with labor laws, including rest breaks and days off.  Compensate workers for overtime work as per legal and contractual standards.  Health and Safety:  Implement robust occupational health and safety policies and practices.  Conduct regular safety training sessions and drills.  Provide necessary safety equipment and ensure its proper use.  Establish emergency response procedures and first aid facilities on-site.  Working Conditions:  Ensure a safe and healthy working environment.  Maintain hygienic and adequate living conditions for workers, especially for labor (both foreign and nationals) housed on-site.  Training and Development:  Provide job-specific training to enhance skills and productivity.  Offer continuous professional development opportunities.  Grievance Mechanism:  Ensure prompt and fair resolution of grievances without retaliation.  Social Protection:  Ensure access to social protection programs for all workers, including health care and social insurance.  Support workers in accessing these services as needed.  Monitoring and Reporting:  Conduct regular audits and assessments of labor management practices.  Maintain accurate records of employment, wages, working hours, and training.  Report labor management performance to relevant authorities and stakeholders.  Legal Compliance for Foreign Workers:  Ensure all foreign workers have valid work permits and visas.  Comply with immigration laws and regulations related to the employment of foreign labor.  Conflict Resolution:  Address and resolve labor disputes promptly and fairly.  Mediate between management and workers to maintain harmonious labor relations. 66  Ethical Conduct:  Promote ethical labor practices and discourage any form of exploitation or abuse.  Adhere to principles of transparency, accountability, and respect for human rights. The Contractors will be responsible that the following measures are in place (to be incorporated as in their respective contracts):  Employ or appoint qualified social, labor and occupational safety experts to prepare and implement project specific labor management procedure, occupational health and safety plans, and to manage subcontractor performance.  Develop labor management plan and occupational health and safety plan as part of the Construction ESMPs which will apply to contracted and sub-contracted workers. These procedures and plans will be submitted to the Supervision Consultant for review and approval before the contractors mobilize for the design stage.  Contractors will supervise their subcontractors’ implementation labor managements procedures and occupational health and safety plans.  Maintain records of recruitment and employment process of contracted workers.  Clearly communicate the job description and employment conditions to contracted workers.  Develop, and implement workers’ grievance mechanism and address the grievance received from the contracted and sub-contracted workers.  Have a system for regular review and reporting on labor, and occupational safety and health performance.  Deliver regular induction (including social induction) and HSE training to employees.  Ensure that all contractor and sub-contractor workers understand and sign the Code of Conduct prior to the commencement of works. The Supervision Consultant will be assigned responsibility to responsible to (to be included in their scope of work in line with the project’s ESMP:  Implement this labor management procedure with third parties.  Ensure that civil works contractors comply with these labor management procedures, and also prepare occupational health and safety plans before mobilizing to the field.  Ensure the contracts with the contractors are developed in line with the provisions of this LMP and the project’s ESMF..  Monitor to verify that contractors are meeting labor and OHS obligations toward contracted and subcontracted workers as required by Kazakhstan law and respective contracts between Borrower and the contractors.  Monitor contractors and subcontractors’ implementation of labor management procedures.  Monitor compliance with occupational health and safety standards at all workplaces in line with Kazakhstan occupational health and safety legislation.  Monitor and implement training on LMP and OHS for project workers.  Ensure that the grievance redress mechanism for project workers is established and implemented and that workers are informed of its purpose and how to use it.  Have a system for regular monitoring and reporting on labor and occupational safety and health performance. 67  Monitor implementation of the Worker Code of Conduct. The Supervision Consultant will oversee labor and safety performance on a regular basis, on the behalf of the Employer (CoR). The ESMP for each Sub-Project will require the Supervision Consultant to employ qualified experts for such oversight and to report on performance to the PIU on a monthly basis. External government agencies that will be engaged as part of the overall implementation of the LMP due to their respective mandates include: Committee of Labor and Social Protection oversees and is responsible for the following:  Labor Rights Protection:  Ensure compliance with labor laws and regulations.  Monitor and enforce fair labor practices, including proper wages, working hours, and conditions.  Health and Safety Standards:  Conduct regular inspections to ensure construction sites adhere to safety regulations.  Provide guidelines for emergency preparedness and response plans.  Employment Regulations:  Oversee the employment of local and foreign workers.  Ensure all workers have the necessary legal documentation and permits.  Address issues related to employment contracts, termination, and dispute resolution.  Social Security and Benefits:  Ensure workers pensions benefits and health insurance are included in the workers’ contract.  Monitoring of Working Conditions:  Conduct regular assessments of working conditions on construction sites.  Participate in the GRM for workers and assist and grievances related to working conditions and labor rights.  Social Protection Programs:  Ensure that socially disadvantaged groups having adequate skills needed for the project have equal opportunities in employment.  Community Engagement:  Facilitate communication between construction companies and local communities.  Address social impacts of road construction on local communities, including displacement and resettlement issues.  Conflict Resolution:  Mediate (within the GRM to be established by the contractors) disputes between employers and employees.  Provide legal assistance and support in resolving labor-related conflicts.  Reporting and Compliance:  Maintain records and reports on labor and social protection compliance.  Ensure transparency and accountability in labor practices and social protection measures. Migration Service Committee oversees and is responsible for the following: 68  Regulation and Oversight of Foreign Workers  Monitor and regulate the employment of foreign workers of road construction contractor.  Ensure all foreign workers have valid work permits and visas.  Oversee the compliance of employers with immigration laws and regulations.  Issuance of Work Permits and Visas:  Process and issue work permits and visas for foreign workers employed by road construction contractor.  Ensure the timely renewal of permits and visas to prevent illegal employment.  Monitoring of Working and Living Conditions:  Inspect the working and living conditions of foreign/regional workers to ensure they meet legal standards.  Address issues related to housing, health, and safety for foreign/regional workers.  Enforcement of Labor Rights:  Ensure that foreign/regional workers receive fair wages and benefits as per Kazakh labor laws.  Protect foreign/regional workers from exploitation and abuse by employers.  Coordination with Employers:  Work closely with construction companies to ensure the proper documentation and legal employment of foreign/regional workers.  Provide guidance to employers on compliance with immigration laws and the rights of foreign/ regional workers.  Conflict Resolution:  Mediate disputes between foreign/ regional workers and employers.  Provide support and legal assistance to foreign/ regional workers in case of conflicts or violations of their rights.  Health and Safety Compliance:  Ensure that foreign/ regional workers are working in safe environments and have access to necessary healthcare services.  Monitor compliance with health and safety regulations specifically for foreign workers on construction sites.  Data Collection and Reporting:  Maintain accurate records of all foreign/regional workers employed by contractor.  Report on the status and conditions of foreign/regional workers to relevant government bodies.  Coordination with Other Government Agencies:  Collaborate with the Ministry of Labor and Social Protection, local authorities, and other relevant agencies to ensure comprehensive oversight and support for foreign/regional workers. After the bidding process is completed and the Contractors are known, this labor management procedure shall be updated to include additional details about companies, as necessary. 69 Figure 1 Organizational Chart for the LMP at the Project Level 70 Occupational Health and Safety: Contractors must engage sufficient number of safety representative. Contractor with over 50 employees must establish an OHS Department. This requirement is to be met by the sub- contractors if they employ over 50 people and the contractors must be responsible for their respective sub-contractors. Smaller contracts may permit for the safety representative to carry out other assignments as well. The safety representative ensures the day-to-day compliance with specified safety measures, in accordance with subparagraph 28) of Article 16 and paragraph 2 of Article 202 of the Labor Code of the Republic of Kazakhstan and the Order of the Acting Minister of Labor and Social Protection of Population of the Republic of Kazakhstan from 12.08.2022 № 309. The number of workers to be recruited in the project for its various works will be known at the later stage of this project and these will include: - Project management - Civil engineers; - Works supervisors, - Human resource managers; - Security - OHS staff including road safety specialist, environmental specialist, social risk specialist and etc. A project management team is essential to ensure smooth coordination, efficient execution, and successful completion of the project. The following provides an indicative organizational chart of the contractor’s key project management staff roles for the project. The expertise can be combined if the proposed candidate(s) for specific roles meet the qualification and education requirements. The arrangement will also depend on the workload and complexity of potential OHS risks which shall be assessed by the selected contractors prior to the mobilization of workers: 71 Figure 2: Recommendations for the Contractor’s Institutional Arrangement for the LMP 72 At a minimum, each selected contractor shall include the following personnel with specific roles and responsibilities: Project Manager: - Oversees the entire road construction project from initiation to completion, including on the overall ESHS aspects - Hold the overall accountability for the implementation of the LMP under their respective contracts. - Develops project plans, schedules, and budgets. - Coordinates with stakeholders, including government agencies, contractors, suppliers, and local communities. - Monitors project progress, identifies risks, and implements mitigation measures. - Ensures compliance with project specifications, quality standards, and regulatory requirements. Quality Assurance/Quality Control (QA/QC) Manager: - Develops and implements quality management plans and procedures for the project. - Conducts inspections, tests, and audits to ensure compliance with quality standards and specifications. - Coordinates with third-party inspectors, testing laboratories, and regulatory authorities. - Addresses non-conformities, implements corrective actions, and maintains quality records/documentation. Safety Manager/Health and Safety Officer: - Acts as a focal point for ESHS implementation including the LMP. - Develops and implements health and safety policies, procedures, and programs for the project. - Conducts safety inspections, audits, and training sessions for workers. - Monitors compliance with safety regulations and addresses any safety concerns or incidents promptly. - Coordinates with regulatory agencies and emergency responders for safety-related matters. Environmental Specialist - Oversees environmental management and sustainability initiatives for the project, including OHS and overall workplace safety. - Develops environmental management plans, permits, and compliance strategies. - Monitors environmental impacts, implements mitigation measures, and ensures compliance with environmental regulations. - Coordinates with environmental consultants, regulatory agencies, and community stakeholders. Social Specialist/Community Relations/Community Engagement Manager: - Coordinate implementation of labor and working conditions under the LMP under their respective contracts. 73 - Develops and implements community engagement strategies and communication plans for the project. - Liaises with local communities, stakeholders, and government agencies to address concerns and promote positive relationships. - Facilitates public meetings, outreach activities, and stakeholder consultations. - Manages social impact assessments, grievance mechanisms, and community development programs. HR Manager/Director: - Oversees all aspects of HR management for the project and hiring strategy in line with the LMP. - Develops HR strategies, policies, and procedures tailored to the needs of the construction project. - Manages recruitment, hiring, and onboarding processes for project staff. - Provides guidance and support to line managers and supervisors on HR-related matters. - Handles employee relations issues, performance management, and disciplinary actions. Recruitment Specialist/Coordinator: - Manages recruitment efforts to attract qualified candidates for various roles on the project. - Develops job descriptions, posts job vacancies, and screens resumes. - Conducts interviews, reference checks, and background screenings. - Coordinates with hiring managers to facilitate the selection and hiring process. - Develops a hiring strategy and measures to promote local employment. Employee Relations Specialist: - Provides guidance and support to employees on HR policies, procedures, and benefits. - Addresses employee concerns, grievances, and conflicts in a timely and confidential manner, including industrial relations and labor-related disputes. - Conducts investigations into employee complaints or misconduct allegations. - Promotes a positive work culture and fosters employee engagement and morale. Security Manager/Director: - Oversees all security operations and initiatives for the project. - Develops security strategies, policies, and procedures tailored to the needs of the road construction project. - Manages the security team, including recruitment, training, and performance evaluation. - Coordinates with project management, stakeholders, and local authorities on security- related matters. Emergency Response Team: - Designated individuals trained to respond to security emergencies, such as intrusions, thefts, or incidents involving violence or threats. 74 - Implement emergency response procedures, evacuate the site if necessary, and coordinate with local law enforcement and emergency services. The exact staffing levels and roles may vary depending on the specific requirements of the project, the size of the workforce, and any additional OHS considerations such as hazardous material handling, confined space work, or work at height. The roles can be combined depending on loading and qualification of OHS personnel. It's essential to conduct a thorough risk assessment and consult with OHS professionals to determine the appropriate staffing structure for the road construction project. The number of required workforce in the Project is broken down into different category as describe in the following table, estimated data for 1 lot (100 km): Table 7: Estimated number of Workers Needed for the Project Type of workers Estimated number needed1 Project Management 1 Civil engineers 5 Works supervisors 10-15 Human resource managers 1 Clerks of works Dozens for different project tasks Laborers 60-70 Security 1 to 50 employees OHS staff (Contractor, 1 to 50 employees Construction Supervision Engineer, and PIU's) Other skilled workers approx. 200-230 people for 100 km Lot Other unskilled workers Hundreds The management actions and the mitigation measures are based on the commitments which every party will have; the compliance of the Contractors with the conditions and the recommended solutions are also measures to prevent and to improve key issues such as: health; safety; security; satisfaction on labor; and social and economic comfort. The Contractor will have briefing meetings to ensure workers do not engage in any illicit activities in collaboration with the local communities, management of traffic and road 1 The number will be estimated at the later stage of the project preparation) Provided estimation is just for an illustration for a mega project as this one is going to be. Correct figures will be known and the LMP updated when the Contractor is chosen. 75 safety, waste management, measures regarding alcohol and drugs consumption, issues of access to natural resources. The project will collaborate with local authorities to ensure observance of these measures. HIRING STRATEGY The contractor’s preference is to employ local staff where possible and with the required qualifications and experience. a. The Contractor shall interact with local Akimats that has updated information on unemployed people from the nearest villages(rayon). b. Use official source “Public Employment Center” of Karaganda and Ulytau regions , as well as Regional Akimats, c. Use official internet resources: hr.enbek.kz, hh.kz to publish employment opportunities. d. All information about project will be published on official KAZh site, any company has access to the portal. e. If local workforces with the required skills and qualifications are not available locally, the contractors may source their workforce outside of Kazakhstan. KAZh participates in campaigns to involve graduates to get higher education on road construction/road management specialties. Currently involved Contractors provide opportunities for students to pass practice at their sites. Законодательство - Интернет-портал "Казахстанское содержание". (ks.gov.kz) The Contractor must follow the Procedure determination of the Kazakhstani content, Law of the Republic of Kazakhstan dated December 29, 2009 № 233 -IV. Order of the Minister of Investment and Development of the Republic of Kazakhstan from April 20, 2018 № 260. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 28, 2018 № 16942. On Approval of the Unified Methodology for Calculation of Intra-Country Value by Organizations in the Procurement of Goods, Works and Services. The detailed procedure of Kazakhstani Content for purchasing goods, works and services can be found at the open internet resource: https://adilet.zan.kz/rus/docs/U090000733_ 76 POLICIES AND PROCEDURES This section identifies the functions and/or individuals within the project responsible for (as relevant):  engagement and management of project workers  engagement and management of contractors/subcontractors  occupational health and safety (OHS)  training of workers  addressing worker grievances  addressing discrimination at work including hiring practices This section outlines main policies and procedures to be followed during construction phase of the project. This section will be updated and amended as needed, after construction contracts have been awarded. The policies adopted for the project will contribute to the achievement of ESS2 objectives and are in line with the HR Policies. All Employers (CoR, KAZh, the Contractor-third parties) of direct or contracted workers, in the project must ensure safety and health at work. Strict adherence to the legal provisions both civil servants and consultants regardless of their employment status to fulfil all the obligations stipulated by the law. This includes assessment of the OHS risks and hazards, informing and training of project workers on the occupational health and safety issues, and taking preventive measures prior and during the work process in order to mitigate or diminish risks for project workers’ health and safety. The Contractor should adapt work processes, work stations and work environment in such a manner to make them safe and hazard free. If any protective equipment is needed the Contractor will provide project workers with it at the Contractor’s expense. The Contractor must keep records prescribed by the RoK national legislation regarding health and safety at work, and duly report work-related injuries, near misses, fatalities and diseases, in compliance with the law. The project promotes fair treatment, non-discrimination and equal opportunity of project workers. Any and every Employer to direct or contracted workers, will ensure that the selection process for project workers is bias-free, and that the requirements set are not directly or indirectly discriminatory. The project workers will be recruited and assessed on the basis of their competence and professional achievements. Gender, birth, language, race, age, health condition, and/or disablement, ethnic origin, religion, marital status, family obligations, sexual orientation, political or other belief, social background, financial status, membership in political organizations, trade unions, or any other personal characteristic unrelated to inherent job requirements cannot be ground for making any decision regarding employment and the employment relationship. However, third parties are encouraged to take a gender sensitive approach and make reasonable accommodation to make it possible for persons with disabilities to take part in the project (if not restricted by RoK law). Provided that project workers are expected to be established experts, no person under the age of 18 years will be employed or engaged for hazardous work on the project. All project workers will perform work or provide services under conditions set in their engagement/employment contract or agreement in return for remuneration. Their status 77 must be clearly defined in line with the national law. Any form of disguised employment will not be acceptable. All project workers are entitled to fair treatment and protection from harassment and sexual harassment and abuse at work. The contracted party must install mechanisms that will protect the project worker from incidence of mistreatment. If it happens anyway, the grievance mechanism should be in place to enable the project worker to file grievances to a competent person within the company/institution and be informed on the actions taken subsequently in relation to his grievances, without prejudice to his/her right to seek judicial protection. If a third party does not have an affective grievance mechanism, they may follow the guidelines in section 11 to design and install such mechanism. In no way any project worker will be prevented from joining a trade union or any other worker organization. The principle of free association and collective bargaining will be strictly respected. The third party must not condition the participation of a project worker in the project, his/her status, remuneration or entitlements on the project worker’s membership or activity in any organization. Adherence to law and good practice and a high level of integrity is expected from all participants in the project. The Borrower should make it clear in tender documentation that non-compliance with the national legislation, particularly the legislation regarding terms and conditions of employment, labor rights and occupational health and safety, may constitute the ground for termination of the contract with a contracted party and exclusion of that party from the project. The Contractors will prepare labor management instructions and procedures in line with this labor management procedure and Kazakhstan labor code. The principles and procedures presented below represent minimum requirements, but are not an exhaustive list of requirements. The following measures will be developed by the contractors and monitored by PIU and supervision consultant to ensure fair treatment of all employees: As per Labor Code requirements, recruitment procedures will be transparent, public and non-discriminatory with respect to ethnicity, religion, sexual orientation, disability, gender, and other grounds included in the Labor Code Applications for employment will be considered in accordance with the application procedures established by the contractors and agreed with the Borrower. Clear job descriptions will be provided in advance of recruitment and will explain the skills required for each post. All workers will have written contracts describing terms and conditions of work and will have the contents explained to them. Workers will sign the employment contract. Terms and conditions of employment will be available at work sites. Unskilled labor will be preferentially recruited from the affected communities, settlements and municipalities. Employees will be informed at least one month before their expected release date of the coming termination. The contracted workers will not pay any hiring fees. If any hiring fees are to be incurred, these will be paid by the Employer (‘Contractor’). 78 Depending on origin of the employer and employee the contracts will be developed in corresponding language understandable for both parties. In addition to written documentation, an oral explanation of conditions and terms of employment will be provided to workers who may have difficulties with understanding the documentation. While communication language related problems are not expected, attention should be given to ensuring coordination between different contractors and means to address any language differences. Foreign workers will require residence permit, which will allow them to work in Kazakhstan. If accommodations, other than collective work camps are provided for workers, Contractors will ensure that they are provided in good hygiene standards, with fresh drinking water, clean beds, restrooms and showers, clean bedrooms, good illumination, lockers, proper ventilation, safe electrical installation, fire and lightening protection, separate cooking and eating areas. There will be separate facilities provided for men and women. Supervision Consultant (on behalf of the PIU) will conduct periodic supervision of contractor’s OHS performance, includi ng site visits on regular manner, at least monthly. These supervisions will cover compliance with above mentioned standards, accidents, violations of rules, recommendations, and progress of ongoing corrective actions. The PIU will include in the contract(s) as requirement for contractors to report on issues such as number of accidents rates, near misses, severity rates, number of recurring non- compliances, violations of rules, fatalities and serious injuries. The supervision consultant will review and appr ove contractors’ safety plans and procedures. The PIU will inform the interested parties promptly about any incident or accident related to the project which has, or is likely to have a significant adverse effect on the environment, the affected communities, the public or workers (labor, health and safety, or security incident, accident or circumstance) as soon as reasonably practicable, but no later than 24 hours after the occurrence of the event. Such events can include strikes or other labor protests, serious worker injuries or fatalities, project-caused injuries to community members or property damage. the PIU will prepare a report on the event and the corrective action and submit to the interested parties within 10 calendar days of the event. The construction contractor will develop and implement its Code of Conduct. The contractor should also submit the Code of Conduct to supervision consultant for review and approval. The Code of Conduct will reflect the company’s core values and overall working culture. The content of the Code of Conduct is included in the World Bank Standard Bidding Documents and will include provisions relating to GBV. The contractors will be required to provide the periodic information on the performance in terms of labor, occupational health and safety issues. The information will be included in the construction contractor’s monthly report and will be reviewed by the supervision consultant’s team. In addition, the contractor shall report to PIU about any inspections and audits carried out by the respective state bodies- CoR, KAZh. The findings of the labor audits will be presented to PIU and the Bank at request. 79 The Contractor will comply with RoK Labor Code which outlines the compensation to workers in case of injury and occupational diseases incurred during the course of employment. The Contractor recognizes the importance that workplace must be safe and without risk of injury to employees. RoK regulations require basic protective clothing for construction including proper Collective and personal protective equipment as per Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated 8 December 2015 No. 943. Registered with the Ministry of Justice of the Republic of Kazakhstan on 29 December 2015 No. 12627. Reporting of Accidents The Contractor will ensure any sub-contracts established with non-employee workers for the road project will outline the responsibilities to report to appropriate project staff the details of any accident as soon as possible after its occurrence and in accordance with Rules for Collecting and Analyzing Incident Reports, Articles 187-189 of Labor Code of Kazakhstan, In case of any fatality or serious accident, Contractor would ensure that the sub-contractors are aware of the importance to notify the Contractor immediately by the quickest available means following an accident. The Project Manager is responsible to inform WB as soon as reasonably practicable, but no later than 48 hours after the event. The Incident reporting guideline can be referenced at ESMP. No Alcohol and Drugs The Contractor should follow the Subpoint 9, point 1, Article 52 of Labor Code of RoK Law of the Republic of Kazakhstan dated July 10, 1998 N 279. on narcotic drugs, psychotropic substances, their analogs and precursors and measures to counteract their illicit trafficking and abuse: The Contractor shall establish itself in recognizing and responding to workplace safety threats that are a consequence of drugs and alcohol use. The contracting company will take proactive steps to identify and act on drug and alcohol workplace problems and remains committed to doing everything practicable to maintain a safe, drug- and alcohol-free workplace for all employees and sub-contractors who work at project sites. The Contractor will not import, sell, give, barter or otherwise dispose of any alcoholic liquor or illegal drugs and substances, or permit or conduct any such importation, sale, gift, barter or disposal by its employees, labor or sub-contractors. The Contractor will provide drug and alcohol procedures. The procedure will address all components of the drug and alcohol processes including local legal representative in the following actions: 80 - Specimen collections - Drug and alcohol testing - Laboratory analysis - Reviews conducted by the medical review officer - Quality assurance - Decisions based on test results - Return-to-work criteria - Follow-up testing - Random testing The Contractor shall perform checks aimed at excluding alcohol and drug use and abuse. They concern mainly: - Specific examinations. - Casual inspection of accommodation and personal belongings if allowed and according to locally applicable laws. - Checks to be performed after an accident, or randomly, during normal working activities, such as: test for alcohol, “drug test” on a urine sample. The Contractor shall perform checks according to laws and regulations for protection of privacy. Drivers and special machinery operators may be required to undergo daily checks, before/after the shift; the remaining personnel will be subject to random controls. Employees will not be allowed to work if tested positive. Checks shall be carried out only after receiving the consent of the person concerned, after they have signed the appropriate agreement and the procedures have been explained to them. A refusal to submit to these checks will be reported to the Human Resources Department for any further actions to be taken. These checks shall be performed by competent medical personnel, in the presence of the Person Locally in charge of Safety and the Site Project Director or persons delegated by him/her. Analysis results shall be registered on special forms. HIV/ AIDS Policy The ILO’s Code of Practice on AIDS recognizes HIV/AIDS as a workplace issue and goes beyond raising awareness to include non-discrimination, confidentiality, care and support. The road project contractor will also follow applicable Kazakhstan policy on HIV/AIDS. The contractor will arrange for its employees to attend an HIV awareness program provided in accordance with the HIV/AIDS Policy. The program will take place during its 81 employee’s normal working hours. Further information about the HIV awareness program is provided below. The road project Contractor will: - Retain services of a Nominated Service Provider to provide an HIV/AIDS Awareness Program to Employees and the Local Community; - Give any representative of the Nominated Service Provider all reasonable access to the worksite in connection with the HIV/AIDS Awareness Program; - Instruct Employees to attend the HIV/AIDS Awareness Program in the course of their employment and during their normal working hours or any period of overtime provided for in the relevant employment contracts and uses all reasonable endeavors to ensure this instruction is followed; - Provide suitable space for delivery of the HIV/AIDS Awareness Program; and, - Referral to testing, counselling and advice on HIV/AIDS in compliance with Kazakhstan guidelines. Disorderly Conduct The Contractor will at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his staff and labor and for the preservation of peace and protection of people and property in the vicinity of the road project. Training of Workers The Contractors are required to, at all times, have a qualified safety officer on board. If training is required, this will be the Contractor’s responsibility. The safety officer will provide instructions to the Contractor staff. The Contractor will be obligated to make staff available for any mandatory trainings required by Labor Code, as specified by the contract. MINIMUM AGE In accordance with the RoK Labor Code, the Contractor will forbid the employment of anyone under the age of 18. If hazardous work is involved, then the minimum workers’ age is 18 years, having required skills, a proper certifications and rigorous supervision, as per RoK Labor Code. The Contractor will keep proper records of the time worked by every employee engaged on the project irrespective of the employee’s method of payment (hourly or salary), the class of work on which employed and the wages paid. The project will also keep proper records for every employee engaged, their gender, the class of work in which employed, whether as a casual or permanent employee, and the wages (and allowances if any), paid in accordance with RoK regulations. These records will be available at any time for inspection by authorized lender representative or authorized representative of the government. The Contractor will produce, if required, other records that may be necessary to provide evidence of their compliance with the requirements of the Labor Code. 82 TERMS AND CONDITIONS OF EMPLOYMENT In accordance with Labor Code Article 68. Normal duration of working hours:  Normal duration of working hours should not exceed 40 hours per week.  An employment contract may provide for shorter working hours with payment for normal duration of working hours.  The total duration of daily work at the place of main work and part-time work should not exceed the norm of duration of daily work, established by Article 71 of the Labor Code.  For workers engaged in heavy work, work with harmful and (or) dangerous working conditions, the reduced working hours are established - not more than 36 hours per week according to the List of industries, workshops, professions and positions, the list of heavy work, work with harmful and (or ) dangerous working conditions.  The reduced working hours set by this paragraph apply to workers whose work in heavy, harmful and (or) dangerous conditions is confirmed by the results of attestation of production facilities for working conditions.  In the event that the employer fails to certify the production facilities for working conditions, as well as for workplaces that are not subject to certification, the reduced working hours are provided in full according to the List of industries, workshops, professions and positions, the list of heavy work, work with harmful and (or) dangerous working conditions.  The employees of the guiding party shall be provided with a reduced working time based on the results of certification of production facilities according to the working conditions of the receiving party.  Employees with disabilities of the first and second category are assigned a reduced working time – no more than 36 hours per week.  Payment for labor of employees when establishing their reduced working hours is made in accordance with Labor Code. Night work  The night-time is considered to be the time from 22.00 to 06.00.  It is not allowed to work at night for:  pregnant women who provided the employer with a certificate of pregnancy  Involvement of employees with disabilities to work at night is allowed only with their written consent, provided that such work is not prohibited to them for health reasons in accordance with the medical report. The Contractor shall not be entitled to employ the following workers for night work without a written consent:  women with children under the age of seven and other persons raising children under the age of seven without a mother;  employees bringing up children with disability up to the age of eighteen. Overtime work 83 Involvement to overtime work is allowed only with the written consent and/or agreement with the employee concerned. Work performed on weekends and holidays  In order to involve employees working on a shift schedule or on a rotational basis according to the watch schedule, to work on holidays, as well as on weekends stipulated in paragraph 5 of Article 84 of RoK Labor Code, the written consent of employees and the issuance of the employer's act are not required.  Work performed on weekends and holidays shall be permitted with the written consent of the employee or at his request on the basis of an act of the employer, except as provided for in Article 86 of RoK Labor Code.  For work on weekends and holidays, the employee, at his request, is given another day of rest or payment is made in the amount specified in Article 109 of Labor Code.  For the purpose of rational use of working time during holidays, as well as on weekends provided for in paragraph 5 of Article 84 of Labor Code, the authorized body on labor has the right to transfer weekends to other working days.  It is prohibited to attract pregnant women who have provided a pregnancy certificate to their employer for work on weekends and holidays. GRIEVANCE MECHANISM The Grievance Mechanism (GM) to handle grievances from the workers, for this project will be established by Contractor and based on the following principles:  Complaints shall be addressed promptly and transparently, and without retribution to the complainant.  The process of receipt, investigation, and resolution of complaints shall be fair, consistent, and respectful.  Complaints and grievances shall be resolved at the lowest possible level for resolution. The workers grievance mechanism will include:  a procedure to receive grievances such as comment/complaint form, suggestion boxes, e-mail, a telephone hotline;  stipulated timeframes to respond to grievances;  a register grievance record and track the timely resolution of grievances;  a responsible department to receive, record, and track the resolution of grievances.  The workers’ grievance mechanism will be described in staff induction training provided to all project workers. The mechanism will be based on the following principles:  The process will be transparent and allow workers to express their concerns and file grievances.  There will be no discrimination against those who express grievances, and any grievances will be treated confidentially. 84  Anonymous grievances will be treated equally as other grievances whose origin is known. Management will treat grievances seriously and take timely and appropriate action in response. Information about the grievance mechanism’s existence will be readily available to all project workers (direct and contracted) through notice boards, the presence of “suggestion/complaint boxes,” and other means as needed. In any working environment, both employers and employees need to be fully familiar with all aspects of disciplinary processes, the grievance handling procedures and the legal requirements and rights involved. The Contractor’s Project Management, with support of an environmental and social consultant, will ensure an effective dispute management system. Consideration must be given to the disputes resulting from the following:  Disciplinary action  Individual grievances  Collective grievances and negotiation of collective grievances  Gender-based violence, sexual exploitation, and workplace sexual harassment In addition, good international practice recommends that the effective dispute resolution system or procedures should be transparent, confidential, non-retaliatory and include the right to representation. Individual Grievance Procedure The project will have a Workers’ Grievance Procedure which should be known and explained to the workers. Such procedure should at least:  Specify to whom the workers should lodge the grievance;  Refer to time frames in the LMP to allow the grievance to be dealt with expeditiously;  Allow the person to refer the grievance to a more senior level within the organization, if it is not resolved at the lowest level; If a grievance is not resolved the workers has the right to lodge a dispute with higher authority/PIU All the contractors who will be engaged for the project will be required to produce their Grievance Redress Mechanism (GRM) as a requirement for tender which at a minimum comply with these requirements. In addition, good international practice recommends that the procedures be transparent, is confidential, adheres to non ‐retribution practices and includes right to representation. After they are engaged, they will be required to produce proof that each worker has been inducted and signed that they have been inducted on the procedure. Collective Grievances and Disputes resulting from the negotiations of Collective agreements. 85 The worker GRM will include directions on how the issues/complaints are raised, the procedure for fact finding, the composition of the parties involved in the redress system and the procedure to deal issues that are not resolved through the GRM. The workers may as well take their issues to PIU to address before going to labor inspection, if deem fit. Given the anticipated number of the project workers the labor GRM will be a separate entity apart from the Project level GRM, though personnel in the committees (GRC) on both the GRMs may have overlapping functions. Reporting Channels for the GRMs may also be same. Gender‐based Violence, Sexual Exploitation and Abuse and Sexual Harassment (GBV/SEA/SH) Contractors shall address the risk of gender-based violence, through:  Mandatory training and awareness raising for the workforce about refraining from unacceptable conduct toward local community members, specifically women.  Informing workers about national laws that make sexual harassment and gender- based violence a punishable offence which is prosecuted.  Adopting a policy to cooperate with local service providers and law enforcement agencies in investigating complaints about gender-based violence; A system to capture gender-based violence, sexual exploitation and workplace sexual harassment related complaints/issues shall be developed. This process shall be under the portfolio of a designated Officer who shall identify and engage the relevant stakeholders on GBV issues. Since the Kazakhstan’s regulatory provisions require mandatory reporting on SEA/SH involving children, the GRM focal point shall refer the case to the GBV service provider for proper reporting while ensuring the best interest of the child is being respected. Gender based discrimination to be strictly prohibited and monitored by the Contractors and the PIU. PIU may, with support from consultants, identify and employ GBV service providers who are actively engaged in prevention of GBV/SEA/SH. If the project unit and the contractor are not equipped to handle complaints or provide relevant services to survivors, they will reference any person to relevant service providers, including health facilities, law enforcement’s gender unit or others, as relevant using the in formation on available services. Grievances related to GBV/SEA/SH will be reported through the project/contractor, the nature of the complaint will be recorded along with the age and gender of the complainant and relation to the project, but individual identification information will not be transmitted. Issue of consent and confidentiality must always be adhered to. In addition, the site‐specific ESIA may identify additional mitigation measures related to gender and such measures will be reflected in site specific ESMPs, including the contractors ESMPs or contractors specific Labor Management Plans, where required. This will include engagement with communities on gender related risks, grievance, and response measures available, as identified in the manual. GRM Process for Workers This procedure requires every contractor to have a Formal Grievance Procedure which should be known and explained to the workers. All the contractors who will be engaged 86 for the project will be required to produce their grievance procedure as a requirement for tender which at a minimum comply with these requirements:  Who the workers should report to  Time frame for addressing grievances at each level should be specified  Opportunity to report to a higher‐level authority if grievance is not resolved at within the stipulated time Right to seek judicial redress The grievance process should be guided by the following principles:  Transparency  Confidentiality  Non‐retribution practices  Non‐vindictive  Right to representation  Proper documentation Establishment of a GRM: Grievance Redress Mechanism (GRM) will be implemented to ensure that all complaints from workers are dealt with appropriately, with corrective actions being implemented, and the complainant being informed of the outcome. This is separate from the project GRM. Grievance Redress Committees: Grievance Redress Committees (GRCs) shall be constituted at various levels of work as shown in Table below: Table 8: Grievance Redress Mechanism Committee Description First Level GRM: Composed at the Contractor Level and easily accessible to the Contractor workers. This committee will comprise of worker representatives Level GRC (male and female) and Contractor Consultant, supervision consultant and site engineer. In addition, complaint box will be placed in the work site, WhatsApp, Telegram and phone number circulated that will encourage aggrieved workers drop their complaints. This should be checked regularly (at least twice weekly) by a designated person in the committee. This committee will be expected to report to the specific PIU Second Level of This committee shall comprise of PIU members including the GRM: the PIU Project Directors/representative, Social Specialist among others. &Contractor If the complainant does not accept the solution offered by the Level GRC PIU& Contractor, then the complaint is referred to the Labor Inspection level 87 Third Level of The Labor Inspection level GRM will be required to intervene in GRM: Labor grievances beyond the PIU level resolution. For example: "Union Inspection Level of Crisis Centers" is a non-governmental organization. Roles of the GRCs: The Grievance Redress Committees will be responsible for:  Receiving complaints from the workers, log them and carryout verification  Provide hearing and resolution  Refer complaints to higher levels if not resolved Expectation When Grievances Arise: When workers present a grievance, any of the followings is or are expected from the project management/channel of grievance resolution:  Acknowledgement of their grievance  An honest response to questions/issues brought forward  An apology, adequate compensation; and  Modification of the conduct that caused the grievance and some other fair remedies. Typical Grievance Redress Process: The process of grievance redress will start with registration of the grievance(s) to be addressed, for reference purposes and to enable progress updates of the cases. Thus, the aggrieved worker will file a complaint/ fill a grievance form with the Grievance Redress Committee (GRC). The compliant should contain a record of the person responsible for an individual complaint, and records dates for the date the complaint was reported; date the Grievance Log was uploaded onto the project database; date information on proposed corrective action sent to complainant (if appropriate), the date the complaint was closed out and the date response was sent to complainant. The officer receiving the complaint (part of the GRC member) will ensure that each complaint has an individual reference number and is appropriately tracked, and recorded actions are completed. The response time will depend on the issue to be addressed but it should be addressed with efficiency. The Contractor level Grievance committee will act on it within 10 working days of receipt of grievances. If no amicable solution is reached, or the worker does not receive a response within 15 working days, he/she can appeal to the PIU level GRC, which should act on the grievance within 15 working days of its filing. These timelines are further illustrated in Table below: Table 9: Procedure in Resolving Grievances Step Process Description Completio Responsible n Time Department/ frame Person-in-Charge 1 Receipt of Document date of 1 day Secretary to GRC complaint receipt, name of at Contractor level complainant, nature of complaint, inform the PIU 88 2 Acknowledgement By letter, email, 1 day Focal point of of grievance phone, messenger Contractor 3 Screen and Visit the site; listen 3-5 days Contractor level Establish the Merit to the GRC of the Grievance complainant/commu nity; assess the merit 4 Implement and Where complaint is 10 days Contractor level monitor a redress justified, redress the from receipt GRC action issue of complaint 5 If not solved in 15 Review the redress 15 days of PIU level GRC days, escalate to steps and receiving of PIU level GRC conclusions, provide complaint intervention solution 6 If not solved in 15 Review the redress As per Labor Inspector days, escalate to steps and established Labor Inspection conclusions, provide procedure level GRC intervention solution Channels for Raising Complaints: The Labor GRM should provide multiple channels to raise grievances of the workers. The Contractor will be required to provide a dedicated phone number for call, a number of SMS/text message, WhatsApp, E-Otinish, "Union of Crisis Centers" (NGOs) contacts. An email address and a focal point and physical address to register complaints. This must be well circulated to workers and posters and other dissemination material must be made visible in worksites. The Project GRM channels will be used when complaints will be lodged beyond the Contractor level GRC. After the workers are employed, they will be required to produce proof that each employee has been inducted and signed that they have been oriented to the GRM procedure. For recording and documentation purposes, the following Grievance Log and Grievance Tracker should be systematically completed by the Project Management, reported on in the monthly reports and be available for any necessary audit. Table 10: Grievance Registration Form Grievance form Date/Time Date (dd/mm/yyyy): Time (24 hr format): 89 Name and Contact Details ☐ The Complainant of Complainant required his/her name not to be disclosed to public. ☐ This is an anonymous grievance. Information about Representative(s) of the Complainant (if applicable) Supporting Documents ☐ Photograph(s): ☐ Voice Provided: Recording: ☐ Documents: ☐ Others (please specify) Brief Description: (What happened? Who was involved? Who did it happen to?) Table 11: Grievance Log № Status Details of Complaint Resolution Name Date Description Method Contact Action Action of Details Proposed Taken contact CONTRACTOR MANAGEMENT The tendering process for contractors will require that contractors can demonstrate their labor management and OHS standards, which will be a factor in the assessment processes. Prior to start any civil works, Contractor shall prepare, consult upon and implement a site-specific Occupational Health and Safety Plan (OHS Plan) as part of the C-ESMP, The Plan shall be reviewed and approved by the Construction Supervision Consultant and PIU’s environmental and social staff. Please refer to the OHS Procedures outlined in the LMP on page 66. The key OHS features should include: 90 Health and Safety Policy Statement:  Outline Contractor's commitment to providing a safe and healthy work environment for all employees, subcontractors, and stakeholders.  Describe the responsibilities of management and workers in ensuring compliance with OHS regulations and promoting a culture of safety. Safety Management Plan:  Detail how Contractor will manage safety throughout the project, including hazard identification, risk assessment, and control measures.  Specify procedures for incident reporting, investigation, and corrective actions.  Include protocols for emergency response, evacuation, and first aid. Training and Certification Records:  Provide documentation of safety training completed by Contractor’s employees, including certifications for operating machinery, handling hazardous materials, and first aid/CPR.  Highlight any specialized training relevant to road construction activities, such as traffic management or working at heights.  Occupational Health and Safety (OHS), environmental and social training  Training on Code of Conduct for Contractor’s Personnel Work Method Statements (WMS):  Outline the specific procedures and methods the company will use to perform various tasks safely, such as excavation, paving, or traffic management.  Include details on equipment operation, material handling, and environmental controls. Risk Assessments:  Include copies of risk assessments conducted for the project, identifying potential hazards and control measures to mitigate risks.  Provide evidence of consultation with workers and subcontractors during construction as part of the risk assessment process. Incident and Injury Records:  Contractor shall provide a summary of your company's safety performance, including records of incidents, injuries, near misses, and their resolution on previous projects.  Highlight any lessons learned and improvements made as a result of incident investigations. Safety Equipment and Personal Protective Gear:  Specify the safety equipment and personal protective gear the Contractor will provide to workers, ensuring compliance with relevant standards and regulations.  Include information on the maintenance, inspection, and replacement of safety equipment. Compliance Documentation: 91  Contractor shall provide evidence of your company's compliance with relevant OHS regulations, standards, and industry guidelines, including certifications, permits, and licenses.  Highlight any awards or recognition received for excellence in safety performance. Safety Performance Metrics:  Establish key performance indicators (KPIs) for safety performance, such as incident rates, lost-time injury frequency, and near miss reporting rates.  Require contractors to track and report safety performance metrics regularly, allowing project owners to monitor safety performance and identify areas for improvement. Contractual provisions will require that contractors shall monitor: Labor conditions:  Monitor, keep records and report on terms and conditions related to labor management;  Provide workers with evidence of all payments made, including benefits and any valid deductions;  Keep records regarding labor conditions and workers engaged under the Project, including contracts, registry of induction of workers including Code of Conduct, hours worked, remuneration and deductions (including overtime); Safety:  Record safety incidents and corresponding Root Cause Analysis (lost time incidents, medical treatment cases), first aid cases, high potential near misses, and remedial and preventive activities required (for example, revised job safety analysis, new or different equipment, skills training, etc.). Workers:  Number of workers, indication of origin (expatriate, local, nonlocal nationals), gender, age with evidence that no child labor is involved, and skill level (unskilled, skilled, supervisory, professional, management) for instance by keeping employment records and/or proof of age checks when needed. Trainings:  Training/induction dates, training plans (Compulsory and internal), number of trainees, and topics. Details of any security risks: details of risks the Contractor may be exposed to while performing its work —the threats may come from third parties external to the project. Worker grievances: Details of any worker grievances including occurrence date, grievance, and date submitted; actions taken and dates; resolution (if any) and date; and follow-up yet to be taken. Grievances listed should include those received since the preceding report and 92 those that were unresolved. The PIU will manage and monitor the performance of the Contractor in relation to contracted workers, focusing on compliance by contractors with their contractual agreements (obligations, representations, and warranties). This may include audits, inspections, and/or spot checks of project locations or work sites and/or of labor management records and reports compiled by contractors. Contractors’ labor management records and reports may include:  a representative sample of employment contracts or arrangements between third parties and contracted workers;  records relating to grievances received and their resolution;  reports relating to safety inspections, including fatalities and incidents and implementation of corrective actions;  records relating to incidents of non‐compliance with national law; and  training records provided for contracted workers to explain labor and working conditions and OHS for the project. The following procedures are to be followed by the PIU for contractor management, adhering to LMP provisions and shall be liable to comply with these procedures:  Ensure that Contractors have valid contracts with clearly define service level agreement and all environmental and social clauses.  Contractor induction to national Labor Law, standards and LMP.  Monthly submission of records: Contractor submission to Project Implementation Unit, copied to the CSCs. This includes:  Managing incidents and accidents, the Incident Reporting and Investigation Procedure is followed, and the Incident/Accident Monitoring Register is used to monitor. b. Contractor employees recorded using Contractors Employee List  Monthly site visits (at a minimum) and reports  Major concerns or issues tracking using monitoring register.  Implementation of the contractor requirements those includes training, OHS documents, certifications and other.  The evaluation results in Portfolio Reports which includes recommendations for contract extension or termination.  Training needs assessment identified and recorded in Contractor Training Schedule.  Annual Contractor Management Plans 93 Annex 1 Sample Code of Conduct covering the GBV/SEA/SHA related risks Introduction The Contractor is committed to ensuring a work environment which minimizes any negative impacts on the local environment, communities, and its workers. The company also strongly commits to creating and maintaining an environment in which Sexual Exploitation and Abuse (SEA) and Sexual Harassment (SH) have no place, and where they will not be tolerated by any employee, sub-contractor, supplier, associate, or representative of the company. The purpose of this Code of Conduct is to:  Create a common understanding of what constitutes Sexual exploitation and abuse, and sexual harassment.  Create a shared commitment to standard behaviors and guidelines for company employees to prevent, report, and respond to SEA and SH, and  Create understanding that breach of this code of conduct will result in disciplinary action. Definitions Sexual Exploitation and Abuse (SEA) is defined as any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. Sexual Abuse: “The actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.” Sexual Harassment: Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of sexual nature. Sexual Harassment versus SEA SEA occurs against a beneficiary or member of the community. Sexual harassment occurs between personnel/staff of an organization or company and involves any unwelcome sexual advance or unwanted verbal or physical conduct of a sexual nature. The distinction between the two is important so that agency policies and staff trainings can include specific instruction on the procedures to report each. Consent is the choice behind a person’s voluntary decision to do something. Conse nt for any sexual activity must be freely given, ok to withdraw, made with as much knowledge as possible, and specific to the situation. If agreement is obtained using threats, lies, coercion, or exploitation of power imbalance, it is not consent. Under this Code of Conduct6 consent cannot be given by anyone under the age of 18, regardless of the age of majority or age of consent locally. Mistaken belief regarding the age of the child is not a defense. There is no consent when agreement is obtained through:  the use of threats, force or other forms of coercion, abduction, fraud, manipulation, deception, or misrepresentation  the use of a threat to withhold a benefit to which the person is already entitled, or  a promise is made to the person to provide a benefit. While all forms of violence against a community resident or a co-worker are forbidden, this code of conduct is particularly concerned with the prevention and reporting of sexual exploitation and abuse (SEA) and sexual harassment which constitute gross misconduct, are grounds for termination or other consequences related to employment and employment status. 94 Individual signed commitment (to be translated in a language understood by the person signing): I, ______________________________, acknowledge that sexual exploitation and abuse (SEA) and sexual harassment, are prohibited. As an (employee/contractor) of (contracted agency / sub- contracted agency) in Kazakhstan, I acknowledge that SEA and SH activities on the work site, the work site surroundings, at workers’ camps, or the surrounding community constitute a violation of this Code of Conduct. I understand SEA and SH activities are grounds for sanctions, penalties or potential termination of employment. Prosecution of those who commit SEA and SH may be pursued if appropriate. I agree that while working on the project I will: Treat all persons, including children (persons under the age of 18), with respect regardless of sex, race, color, language, religion, political or other opinion, national, ethnic or social origin, gender identity, sexual orientation, property, disability, birth or other status. Commit to creating an environment which prevents SEA and SH and promotes this code of conduct. In particular, I will seek to support the systems which maintain this environment. Not participate in SEA and SH as defined by this Code of Conduct and as defined under Kazakhstan Republic law (and other local law, where applicable). Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. Not participate in sexual contact or activity with anyone below the age of 18. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense. I will not participate in actions intended to build a relationship with a minor that will lead to sexual activity. Not solicit/engage in sexual favors in exchange for anything as described above. I commit to: Adhere to the provisions of this code of conduct both on and off the project site. Attend and actively partake in training courses related to preventing SEA and SH as requested by my employer. If I am aware of or suspect SEA and SH, at the project site or surrounding community, I understand that I am encouraged to report it to the Grievance Reporting Mechanism (GRM) or to my manager. I understand that it is my responsibility to adhere to this code of conduct. That I will avoid actions or behaviors that could be construed as SEA and SH. Any such actions will be a breach this Individual Code of Conduct. I acknowledge that I have read the Individual Code of Conduct, do agree to comply with the standards contained in this document, and understand my roles and responsibilities to prevent and potentially report SEA and SHA issues. I understand that any action inconsistent with this Individual Code of Conduct or failure to act mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature : _________________________ Printed Name : _________________________ Title : _________________________ Date : _________________________ 95 Annex 2 Site clinic equipment: Unit of № Medical Equipment measur Quantity e 1 Breathalyzer Dragger piece 1 2 Breathalyzer Russia piece 1 3 Large steel tray piece 2 4 Medical scales piece 1 5 Hygrometer piece 2 6 Defibrillator piece 1 7 Instrument table piece 2 8 Oxygen cylinder piece 1 10 Room thermometer piece 2 11 Computer + printer, telephone set 2 12 Medical waste container with foot pedal piece 4 13 Mechanical suction piece 1 14 Set of immobilization splints set 1 15 Set of surgical instruments set 1 16 Mobile ultraviolet irradiator piece 1 17 Pulse oximeter piece 1 18 Spinal board with straps piece 1 19 Stethoscope piece 1 20 Working table piece 2 21 Chairs piece 6 22 Digital thermometer piece 2 23 Tonometer piece 2 24 Universal head immobilizer piece 1 25 Medical refrigerator piece 1 26 Emergency suitcase set 1 27 Cervical collar piece 1 28 Medicine cabinet piece 2 29 Tripod for intravenous infusion piece 1 30 ECG machine piece 1 31 Examination couch piece 2 96 Ambulance equipment: 1 Electric suction device 1 unit 2 Portable ventilator for artificial lung ventilation 1 unit 3 Oxygen cylinder (2l., 10l.) 1 piece 4 Cardiopump 1 piece 5 Mechanical foot suction machine 1 piece 6 Monitor-defibrillator 1 piece 7 Electrocardiograph 1 piece 8 Pacemaker for transportation of cardiac patients 1 piece 9 Perfusor * Estimated devices of ambulance: № Item For vehicles General set Quantity 1 Flashlight 1 piece 2 Communication device (walkie-talkie) 1 piece 3 Fire extinguisher 1 piece 4 Medical documentation (patient information reporting forms) 1 piece 5 Scissors for cutting tissue 1 piece 6 Tightening tourniquet with automatic latch 1 piece 7 Disposable syringes 2,0;5,0;10,0;20,0 * 8 Disposable system for intravenous infusion * 9 Non-sterile gloves * 10 Sterile gloves * 11 Disposable masks * 12 Band-aid * 13 Centimeter tape 1 piece 14 Stethoscope 1 piece 15 Phonedoscope 1 piece 16 Tonometer 1 piece 17 Electronic thermometer for determining body temperature 1 piece 18 Labels for patients during triage * 19 Urinary catheter 1 piece 20 Medical bag 1 piece 21 Urinal 1 piece 22 Disposable sheet 1 piece 23 Medical tape -1 meter 1 piece Intravenous cannula with catheter (size 18 and 20) disposable, 24 4 pieces sterile 25 Butterfly needle (size 23 and 24) disposable, sterile 2 pieces 26 Alcohol wipes #100 1 pack 97 27 Disinfectant-soaked wipes 1 pack Diagnostic set 1 Pulse oximeter 1 piece 2 Glucometer (scarifier-#50) 1 piece 3 Neurological hammer 1 piece 4 Test strips for determination of protein in urine at least 10 pieces Emergency bag 5 Laryngeal mask 2 pieces 6 Subclavian vein catheterization kit 1 piece 7 Ambu bag 1 piece 8 Airway kit 1 piece 9 Rubber breathing masks for adults and children 1 complete set 10 Laryngoscope set (3 blades) 1 complete set Spongy bone cannulation kit for emergency medical care (syringe - gun or other cannula insertion device for intraosseous 11 injections for adults and children with cannula(s) for 1 piece intraosseous injections, system for intraosseous injection of drugs) 12 Endotracheal tubes 3 piece 13 Laryngeal tubes 3 piece 14 Rotary expander 1 piece 15 Tongue holder 1 piece 16 Conicotomy kit 1 piece 17 Burn blanket 1 piece Cardioligical care 1 Lubricating gel for electrocardiograms 1 piece Bandaging set 1 Bandages (sterile, non-sterile) * 2 Sterile absorbent cotton, tissues 1 pack 3 Hemostatic tourniquet 1 piece 4 Sterile anti-burn dressings 1 pack 5 Topical anti-burn agents (gel, aerosol) 1 bottle 6 Refrigerator (for sports and mass events) * 7 Anatomical forceps 1 piece 8 Scissors for dressing material 1 piece 9 Nelaton catheter 2 pieces 10 Hemostatic clamp, straight, curved 1 set 11 Set for drainage of pleural cavity 1 piece 12 Cooling pack 1 piece Immobilization set Spinal shield with head restraint with securing straps (spinal 1 1 piece shield with head restraint, securing straps) 2 Set of transportation and (or) pneumatic tires 1 set 3 Vacuum mattress * 98 4 Cervical collar 1 piece 6 Infusion syringe pump * 7 Thermal blanket * 8 Disposable sheets (set) 1 piece 9 Vomit bag 1 piece PPE 1 Safety clothing with warning signs 2 Helmet (for teams involved in emergency situations) * 3 Anti-plague set type 1 in set (disposable) 3 packs 4 Class A waste bag 2 pieces 5 Class B waste bag 2 pieces Class B (hazardous waste) container for the collection of sharp 6 1 piece instruments (disposable) 250ml 7 Biomaterial transportation box * 8 Disposable Janet syringe 3 pieces 9 Disposable gastric tubes of all sizes 10 pieces 10 Crash cart with removable stretcher, with straps 1 piece 11 Soft stretcher 1 piece 12 Scoop stretchers *